Table Of Content*\
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
