 |
Technology is fast becoming the hub of most aspects of life and environmental compliance is no exception. In the September-October issue of the Environmental Law Institute’s publication, The Environmental Forum, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, Cynthia Giles, offered insights into how EPA plans to increase use of technology and transparency going forward in her article “Next Generation Compliance.”
One of the greatest technological assets available today is that of advanced pollution monitoring tools and these are whole-heartedly embraced in EPA’s Next Gen initiative. For both regulators and industry, these monitoring capabilities are far superior to past methods such as intermittent grab samples that were unreliable indicators of pollution levels, especially when pollution cannot be seen or smelled.
Thanks to the huge advances in monitoring technologies, however, both EPA and industry are gaining much more accurate information about pollutant sources. For example, Giles said today’s monitoring capabilities “are becoming more accurate, more mobile and cheaper, all of which are contributing to a revolution in how we find and fix pollution problems.” These technologies allow for real-time applications that provide true measurements rather than estimates, greatly increasing everyone’s ability to address problems as they occur rather than months or even years later.
Forget expensive calls to lawyers and consultants. With Enviro.BLR.com, you get instant access, 24/7. Try it out today and get an the 2013 EHS Salary Guide, absolutely free. Download Now.
Giles cited one particular monitoring technology, infrared cameras, as a case in point. “Infrared cameras…allow the user to actually see dark plumes that look like smoke when volatile organic compounds such as benzene are released to the air, even though these emission are invisible to the naked eye.” Not only do the cameras aid EPA in detecting releases, said Giles, they also provide video proof to “companies that didn’t believe they had a pollution problem.”
Directly related to monitoring and other equipment advances is the growth of electronic reporting. Naturally, if monitoring data are available in real-time they should also be reportable in real-time, something that will significantly shrink regulators paperwork overload, especially for state agencies. According to Giles, e-reporting “saves time and money while improving results.” Specifically, she noted, e-reporting software, like today’s tax software, can be created to “allow self correction, by flagging inconsistent or mathematically impossible entries, as is done by EPA’s Greenhouse Gas Reporting Tool…” The software can also provide government assistance that is instantly available when an e-report shows, for example, high pollution levels, allowing the reporter to get the best available information to help address and resolve the problem effectively.
Need an answer fast? Relax. Our editors guarantee a personalized response to your questions within 3 business days. Take a free trial of Enviro.BLR.com and see what everyone is talking about. For a limited time, also receive a free 2013 EHS Salary Guide. Download Now
In addition to making most mistakes a thing of the past, Giles said e-reporting will help to increase transparency, allowing more people to access data that affects them and even driving “better compliance performance as facilities learn from each other about what performance is possible.” One well-known example of transparent reporting is the Toxic Release Inventory (TRI) database which requires not only reporting but also publishing of data, and according to Giles, “is credited with a significant drop in emissions.” Another, more recent example is the Enforcement and Compliance History Online (ECHO) state dashboards at www.epa-echo.gov/echo/ that provide the public with the means to check actions taken by federal and state regulators regarding major source inspections, violations and other regulatory activities.
While transparency is helping the public gain a better understanding of what pollutants are released in their community, Giles also said companies that take compliance seriously are capitalizing on transparency. “Some companies are using transparency as part of their business model, believing that sharing more information with the public about strong performance provides a competitive edge.” Conversely, Giles explained, “Publicly known violations may also alert investors and insurers to poor management, providing financial motivation to avoid violations.”
Ultimately, Giles said that while it is important that states and EPA work together to “provide a level playing field for complying businesses…” it remains that “everyone is better off when we prevent violations.”
©2013 Environmental Law Institute®, Washington DC. Reprinted with permission.