Voluntary Environmental Self-Evaluation Act : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 1047, Voluntary Environment PDF
Preview Voluntary Environmental Self-Evaluation Act : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 1047, Voluntary Environment
*\ VOLUNTARY ENVIRONMENTAL SELF-EVALUATION ACT Y 4. J 89/1:104/88 "-LVirNVJ Moluitary Environnental Self-Evilua. . . rfEFORE THE SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW OF THE COMMITTEE ON THE JUDICIARY HOUSE OP REPRESENTATIVES ONE HUNDRED FOURTH CONGRESS FIRST SESSION ON H.R 1047 VOLUNTARY ENVIRONMENTAL SELF-EVALUATION ACT JUNE 29, 1995 Serial No. 88 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1995 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments.CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-053757-6 *\ VOLUNTARY ENVIRONMENTAL SELF-EVALUATION ACT Y 4. J 89/1:104/88 P ARTIST f^-LvllNVT Voluntary Eiwironnental Self-Evilua. . . rsEFORE THE SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW OF THE COMMITTEE ON THE JUDICIAKY HOUSE OF REPRESENTATIVES ONE HUNDRED FOURTH CONGRESS FIRST SESSION ON H.R 1047 VOLUNTARY ENVIRONMENTAL SELF-EVALUATION ACT JUNE 29, 1995 Serial No. 88 F£8 03 ## S7/>i Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE 35-189 CC WASHINGTON : 1995 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments.CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-053757-6 COMMITTEE ON THE JUDICIARY HENRY J. HYDE, Illinois, Chairman CF.AJRALMOESSJ.SMEONOSREHNEBAREDN,NCEaRli,foJrrn.i,a JPAOTHRNICCIOANYSECRHSR,OEJDr.E,RM,icChoilgoarnado Wisconsin BARNEY FRANK, Massachusetts GLHBIEAOLOMWLRAAMGRRcEDSCMWOCI.LOTLBGHUL,EMEKT,,AeSxNF,aolsorPrtiehdnanCsayrlovlainniaa JCRHIOHOCAHWKRNALBRBEODRSUYCLAE.H.NETBSR,EC,RHTMeUVAxiMraNEgs,iRn,iCaalNiefowrnYioark SSMCSBBEATOHOOTLREANBBETTPRVNOGIILHENYNONEENGOGBSNLDRSAOILCLSTNEH.,ALOHITE,OCBSFTGKAUoFCELEuNY,atY,,AlEhi,NDRfVOe,YoCihCrwa,rainrgIloioiniMFalndfeliioioxanrarianniciadoaa JSJZJMXROHOAEAEOSEEVCRLBEIIKRVELLEOIREAORRLN.TEFDJBESGLCAED.ER.N,CCERAWSEKNRDACRR,SATLOhRNOToTEACOdNT,Ra,e,,l,iNLCfINoVENaosirEelrelrt,inawgwhfinioadTnYrCYeinoaoaxirrraaokkslina FRED HEINEMAN, North Carolina ED BRYANT, Tennessee STEVE CHABOT, Ohio MICHAEL PATRICK FLANAGAN, Illinois BOB BARR, Georgia ALAN F. COFFEY, Jr., General Counsel/StaffDirector JULIAN EPSTEIN, Minority StaffDirector Subcommittee on Commercial and Administrative Law GEORGE W. GEKAS, Pennsylvania, Chairman BHOEBNRIYNGJL.ISH,YDSEo,uthIllCianroioslina JJAOCHKNRBEREYDA,NTR,hoTdeexaIssland STEVE CHABOT, Ohio JERROLD NADLER, New York MICHAEL PATRICK FLANAGAN, Illinois ROBERT C. SCOTT, Virginia BOB BARR, Georgia Raymond V. Smietanka, Counsel CRhoagrelresTE.FlKeemrinngI,I,CCoouunnsseell AGNIESZKA FRYSZMAN, Minority Counsel (ID CONTENTS HEARINGS DATES Page June 29, 1995 1 TEXT OF BILL H.R. 1047 3 OPENING STATEMENT Gekas, Hon. George W., a Representative in Congress from the State of Pennsylvania, and chairman, Subcommittee on Commercial and Adminis- trative Law 1 WITNESSES Adler, Bruce R., senior environmental health and safety counsel, General Electric Co., on behalfofthe Compliance Management andPolicyGroup 42 Block, Joseph G., Esq., Venable Baetjer, Howard & Civiletti 249 Bryant, Hon. Ed, a Representative in Congress fromthe State ofTennessee ... 19 DeSchamps, Robert L., county attorney, Missoula, MT, and president, Na- tional District AttorneysAssociation 241 Gish, PeterAnthony, counsel, Clean Harbors Environmental Services, Inc 238 Goldman, Cynthia L., Esq., Gibson, Dunn & Crutcher, on behalfofthe Colo- rado Association ofCommerce and Industry 191 Hefley, Hon.Joel, a Representative in Congress fromthe State ofColorado .... 16 Herman, Steven A., Assistant Administrator, Office ofEnforcement and Com- plianceAssurance, Environmental Protection Agency 85 Kelso, Harry H., director of enforcement and policy, Virginia Department ofEnvironmental Quality 174 Leibowitz, Alan J., director, environmental health and safety, ITT Defense & Electronics Corp 73 Mattia, Carl A., vice president, environment, health and safety management, the BF Goodrich Co., on behalf of Corporate Environmental Enforcement Council (CEEC) 25 Rathbun, Randall K., U.S. attorney, District of Kansas, Department ofJus- tice 163 Ronald, David W., assistant attorney general, Environmental Enforcement Section, ArizonaAttorney General's Office 179 Schiffer, Lois, Assistant Attorney General, Environmental and Natural Re- sources Division, Department ofJustice 163 Stanga, Mark V., environmental affairs counsel, Litton Industries, Inc 66 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARINGS Adler, Bruce R., senior environmental health and safety counsel, General Electric Co., on behalf of the Compliance Management and Policy Group: Prepared statement 44 Block, Joseph G., Esq., Venable Baetjer, Howard & Civiletti: Prepared state- ment 250 Bryant, Hon. Ed, a Representative in Congress from the State ofTennessee: Prepared statement 21 DeSchamps, Robert L., county attorney, Missoula, MT, and president, Na- tional DistrictAttorneysAssociation: Prepared statement 244 Dolan, Christopher B., associate, Robins, Kaplan Miller & Ciresi, San Fran- cisco, CA: Prepared statement 261 (III) IV Page Gekas, Hon. George W., a Representative in Congress from the State of Pennsylvania, and Chairman Subcommittee on Commercial and Adminis- trative Law: News release datedApril 6, 1995, from Price Waterhouse LLP 260 Opening statement: 13 Gish, Peter Anthony, counsel, Clean Harbors Environmental Services, Inc.: Prepared statement 240 Goldman, Cynthia L., Esq., Gibson, Dunn & Crutcher, on behalfofthe Colo- rado Association ofCommerce and Industry: Prepared statement 193 Hefley, Hon. Joel, a Representative in Congress from the State of Colorado: Prepared statement 18 Herman, Steven A., Assistant Administrator, Office ofEnforcement and Com- plianceAssurance, Environmental Protection Agency: Prepared statement .. 87 Hyde, Hon. Henry J., a Representative in Congress from the State ofIllinois, andchairman, House Committee on theJudiciary: Opening statement 15 Kelso, Harry H., director of enforcement and policy, Virginia Department ofEnvironmental Quality: Prepared statement 176 Lamb, Robert H., and John W. Heiderschett III, Wright & Talisman, P.C.: Prepared statement 257 Leibowitz, Alan J., director, environmental health and safety, ITT Defense & Electronics Corp: Prepared statement 75 Mattia, Carl A., vice president, environment, health and safety management, the BF Goodrich Co., on behalf of Corporate Environmental Enforcement Council (CEEC): Prepared statement 28 Rathbun, Randall, U.S. attorney, District ofKansas, DepartmentofJustice .... 165 Reed, Hon. Jack, a Representative in Congress from the State of Rhode Island: EPA audit policy 214 Letterfrom the attorney general ofMinnesota datedJuly 25, 1995 219 Prepared statement 14 Ronald, David W., assistant attorney general, Environmental Enforcement Section, Arizona Attorney General's Office: Prepared statement 181 Stanga, Mark V., environmental affairs counsel, Litton Industries, Inc.: Pre- pared statement 68 VOLUNTARY ENVIRONMENTAL SELF- EVALUATION ACT THURSDAY, JUNE 29, 1995 House of Representatives, Subcommittee on Commercial and Administrative Law, Committee on the Judiciary, Washington, DC. The subcommittee met, pursuant to notice, at 10 a.m., in room 2237, Rayburn House Office Building, Hon. George W. Gekas (chairman ofthe subcommittee) presiding. Present: Representatives George W. Gekas and Jack Reed. Also present: Raymond V. Smietanka, counsel; Diana L. Schacht, counsel; Susana Gutierrez, clerk; and Agnieszka Fryszman, minor- ity counsel. OPENING STATEMENT OF CHAIRMAN GEKAS Mr. GEKAS. The hour of 10 o'clock having arrived, this hearing set by the Subcommittee on Commercial and Administrative Law will come to order. Lacking a hearing quorum, we will recess until the next member of the subcommittee appears. But what I have done, for those of you who are uninitiated, I have kept my record clean of starting each hearing on time. However, we will recess until a Member ap- pears. [Recess.] Mr. Gekas. I would note the arrival and presence of the ranking minority member, Mr. Reed of Rhode Island. We, thus, have a quorum already constituted. Our first two witnesses have ap- peared, and we will begin the hearing. The issue to be discussed at this hearing is well-known to most of the people in this room. This bill would create a privilege from disclosure the contents of environmental self-evaluations and pro- vides protection for those who in good faith report violations of en- vironmental laws to responsible authorities. The Congress has, for many years, indulged in attempting this kind of cooperative effort between the parties affected: The admin- istrators, the people who are in the field, and the business entities and everyone else concerned. Thus far, we have noted from anec- dotal evidence, that the parties have been talking and that the sponsors of the legislation and those who foster it are going to reach an agreement which will be presented to this subcommittee. [The bill, H.R. 1047, follows:] (1) 104th CONGRESS H.R.1047 1st Session To provide under Federal law a limited privilege from disclosure of certain information acquired pursuant to a voluntary environmental self-evalua- tion and, ifsucli information is voluntarily disclosed, for limited immunity from penalties. IN THE HOUSE OF REPRESENTATIVES February 24, 1995 Mr. Hefley (for himself, Mr. Hyde, Mr. Schaefer, Mr. Crapo, Mr. Al- lard. Mr. DeLay, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on the Judiciary and, in addi- tion, to the Committees on Commerce, Transportation and Infrastruc- ture, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the Jurisdiction ofthe committee concerned A BILL To provide under Federal law a limited privilege from disclo- sure of certain information acquired pursuant to a vol- untary environmental self-evaluation and, if such infor- mation is voluntarily disclosed, for limited immunity from penalties. 1 Be it enacted by the Senate and House ofRepresenta- 2 tives ofthe United States ofAmerica in Congress assembled, 3 SECTION 1. SHORTTITLE. 4 This Act may be cited is the "Voluntary Environ- 5 mental Self-Evaluation Act". — 1 2 1 SEC. 2. FINDINGS. 2 Congress finds that 3 (1) enhanced and efficient protection of public 4 health and welfare under Federal environmental 5 laws depends principally on voluntary compliance by 6 the general public, rather than enforcement; 7 (2) both a limited privilege from disclosure and 8 a limited expansion of the protection of members of 9 the general public who voluntarily disclose informa- 10 tion as a result of a voluntary environmental self- 1 evaluation is necessary to encourage voluntary com- 12 pliance with Federal environmental laws and to pro- 13 tect public health and welfare; and 14 (3) the protection referred to in paragraph (2) 15 will not inhibit the carrying out of regulatory au- 16 thority that is mandatory under Federal environ- 17 mental laws by officials who are entrusted with the 18 duty of protecting the environment of the United 19 States. 20 SEC. 3. DEFINITIONS. 21 As used in this Act: — 22 (1) Administrator. The term "Adminis- 23 trator" means the Administrator of the Environ- 24 mental Protection Agency. — 25 (2) Entity. The term "entity" means a unit 26 of State or local government. •HR 1047 IH — — 3 — 1 (3) Federal agency. The term "Federal 2 agency" has the meaning provided the term "agen- 3 ey" under section 551 of title 5, United States Code. — 4 (4) Federal environmental law. The 5 term "Federal environmental law" 6 (A) means 7 (i) the Federal Insecticide, Fungicide, 8 and Rodenticide Act (7 U.S.C. 136 et 9 seq.); 10 (ii) the Toxic Substances Control Act 11 (15 U.S.C. 2601 et seq.); 12 (iii) the Federal Water Pollution Con- 13 trol Act (33 U.S.C. 1251 et seq.); 14 (iv) title XIV of the Public Health 15 Service Act (commonly known as the "Safe 16 Drinking Water Act") (42 U.S.C. 300f et 17 seq.); 18 (v) the Solid Waste Disposal Act (42 19 U.S.C. 6901 et seq.); 20 (vi) the Clean Air Act (42 U.S.C. 21 7401 et seq.); 22 (vii) the Comprehensive Environ- 23 mental Response, Compensation, and Li- 24 ability Act of 1980 (42 U.S.C. 9601 et 25 seq.); •HR7047 IH
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