Laserfiche WebLink
computer systems and their related environmental components well in advance of these dates. <br /> Under this policy, EPA reiterates its commitment to firm yet fair enforcement of environmental <br /> requirements regardless of any potential Y2K-related problems. At the same time, this policy <br /> recognizes that regulated facilities can benefit from having an additional measure of <br /> predictability concerning how EPA intends to react if such testing results in environmental <br /> violations under any of the regulatory enforcement statutes that EPA implements. <br /> Relationship to Y2K Dates. Although the focus of this policy is on testing-related <br /> violations that may occur prior to January 1, 2000, EPA notes that with respect to violations <br /> occurring after January 1, 2000, the Agency's longstanding enforcement response and penalty <br /> policies will continue to recognize a facility's good faith efforts and other potentially mitigating <br /> factors in determining an appropriate enforcement response. In that regard, facilities that test in <br /> accordance with the terms of this policy are likely to be in a more favorable position than <br /> facilities that do not, in the event that despite a facility's best efforts testing cannot correct all <br /> Y2K-related deficiencies in a timely manner. <br /> Use of Existing Testing Procedures. Under EPA's Y2K enforcement policy, regulated <br /> facilities who wish to test in advance of the Y2K dates are encouraged first to utilize any <br /> existing regulatory or permit procedures that are applicable and that can provide a timely and <br /> effective process for testing. For example, the RCRA regulations provide for trial burn testing <br /> of hazardous waste (40 C.F.R. § 266.102), research, development, and demonstration permits <br /> (§ 270.65), and land treatment demonstrations (§ 270.63). To the extent that existing <br /> procedures under any statutory program are appropriate, their use will help to ensure that the <br /> federal, state, and/or local agencies and programs that already are best situated to oversee <br /> facility testing can remain involved in that process. This enforcement policy does not modify, <br /> revoke, or otherwise affect any existing federal, state, or local permit, regulatory, or other <br /> (e.g., consent agreement) obligations, including but not limited to any public notice and <br /> comment requirements. <br /> Criteria Justifying Application of This Policy. If no existing procedures are applicable, <br /> or if none are appropriate given the need to expedite testing, this Y2K enforcement policy states <br /> that EPA expects to exercise its discretion to waive 100% of the civil penalties that might <br /> otherwise apply and to recommend against criminal prosecution for violations resulting from <br /> specific tests, where the facility can meet its burden of demonstrating to EPA that it meets all of <br /> the nine criteria below. (Because this policy anticipates immediate correction of violations (see <br /> # 5 below), any test-period noncompliance that qualifies for a 100% civil penalty waiver or <br /> recommendation against criminal prosecution will not create a significant economic benefit, <br /> since compliance costs will not have been avoided or delayed.), <br /> E1-2 <br />