SITE INFORMATION AND CORRESPONDENCE

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Small Business Policy (formally entitled, "Policy on Compliance Incentives for Small Business," 61 Fed. Reg. 27984 (June 3, 1996)) potentially could be applied to any violations that result from Y2K-related equipment problems that occur during and/or after the testing period described in this policy. In addition, EPA's criminal enforcement policies guiding both the exercise of investigative discretion (formally entitled, "The Exercise of Investigative Discretion," Jan. 12, 1994) and implementation of EPA's Audit Policy (formally entitled, "Implementation of the Environmental Protection Agency's Self-Policing Policy for Disclosures Involving Potential Criminal Violations," Oct. 1, 1997) may be relevant in certain cases during and/or after the testing period described in this policy. Public Disclosure of Y2K-Related Testing Violations. Similar to EPA's January 1997 memorandum concerning Confidentiality of Information Received Under Agency's Self- Disclosure Policy, EPA will make publicly available any disclosures under this Y2K enforcement policy, consistent with EPA's confidential business information (CBI) provisions found at 40 C.F.R. Part 2, but only after these matters are formally resolved. Cooperation With States. EPA will encourage States to join this approach for addressing violations of environmental programs that they implement and enforce. EPA will coordinate closely with States concerning violations of delegated program requirements. Disclaimer. This enforcement policy does not constitute final Agency action. It does not create any rights, duties, obligations, or defenses, implied or otherwise, in any persons or entities. It sets forth factors that EPA intends to use in the exercise of its enforcement discretion, and it is not intended for use in pleading, at hearing, at trial, or in any adjudicatory context. Public Comment. Given the need to expedite testing and address potential compliance concerns prior to the Y2K dates that are fast-approaching, EPA developed this policy quickly and without seeking extensive input from outside the Agency. Nevertheless,EPA will consider any general comments on this policy or concerns related to Y2K-related compliance. Any such comments or concerns may be directed to Gary A. Jonesi, Senior Counsel for Strategic Litigation, EPA Office of Regulatory Enforcement, at 202-564-4002 (202-564-0011 FAX) Oonesi.gary@epamail.epa.gov). Individual facility-specific concerns also may be directed to the EPA regional offices listed below: E1-5