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Third-Party Audits Eyed As Compliance Booster

A pilot project aimed at evaluating market forces to encourage third parties, such as insurance companies, to offer small businesses free compliance audits is expected to boost compliance under the Clean Air Act's chemical accident prevention program and lower costs for small businesses.

The third-party audit project is being conducted under a Cooperative Agreement between EPA and the Wharton School of Business of the University of Pennsylvania. The Delaware Department of Natural Resources and Environmental Control and the EPA Region III office in Philadelphia, also are participating in the project. Under Section 112(r) of the Clean Air Act, facilities that manufactured, used, or stored more than threshold amounts of 130 hazardous chemicals filed Risk Management Plans (RMPs) with EPA by June 21, 1999, describing their safety and accident prevention procedures. Nearly 15,000 facilities filed RMP reports by the deadline. The goal of the third-party audit program is to develop a model that would be recognized as an alternative to inspections conducted by federal regulators. EPA can delegate enforcement authority to States that have been given the go-ahead to implement the RMP program, but in these early years, the major responsibility for compliance assurance remains with EPA regional offices. Independent audits are viewed as a way to relieve EPA Regional offices from compliance assurance problems that could arise due to a lack of resources. To date, eight individuals with backgrounds in law and engineering have audited several Delaware facilities to ensure on-site chemicals are managed safely. All of the audited facilities were required to report information under the federal Risk Management Program and similar Delaware laws. A Delaware Dept. of Natural Resources and Environmental Control audit team also conducted separate safety and risk management audits at the sites. The two sets of audits will be compared to evaluate the adequacy and thoroughness of the third-party auditors.

Results of the pilot project will be shared with insurance companies, trade associations, public interest groups and regulatory agencies at a June roundtable discussion. For more information, contact Breeda Reilly at (202) 260-0716.

 

 


 

Copyright @August,2004 Prepared by Transportation Environmental Resource Center (TERC)