Bill Would Limit EPA Authority

The Environmental Protection Agency would be barred from blocking state efforts to develop environmental "self-audit" programs, under legislation introduced last week by Sen. Mike Enzi, R-Wyo.

In Wyoming, like 23 other states, companies that identify and correct environmental problems voluntarily can avoid civil penalties by reporting their actions to the state Department of Environmental Quality (Greenwire, 8/14). Criminal penalties can still be imposed on businesses that fail to report or clean up problems (AP/Billings Gazette, 11/2).

But Enzi says the EPA has "harassed" Wyoming and other states with self-audit programs by threatening to revoke the states' environmental enforcement authority and by seeking to use information gathered in audits to support federal prosecutions and fines. Enzi's bill would prohibit the EPA from revoking state authority or using information from company audits as long as the state self-audit program met federal standards.

"I think it's a tragedy that the EPA has been so obstructive in giving states a chance to test reasonable and innovative solutions to a cleaner environment. Instead of promoting reinvention, the EPA is perpetuating an environmental race to mediocrity, " Enzi said (AP/Billings Gazette). The EPA in September "said it appeared there were no problems" with Wyoming's law, but last week it "said the law appears to grant companies immunity from criminal penalties when pollution results from recklessness or negligence" (AP/Casper [WY] Star-Tribune).