- Email: [email protected]
May be sleeping with the enemy is the right approach
M
any finishers oppose the kinder, gentler approach the Metal Finishing Industry’s Government Relations (GR) Program has espoused for the past several years in dealing with the United States Environmental Protection Agency (U.S. EPA). They argue we are in a winner-take-all battle with the U.S. EPA and that trying to reason with the enemy is futile. Perhaps these folks feel differently in view of the very favorable settlement the Metal Finishing Industry recently negotiated with the U.S. EPA on the much-publicized TRI Nitrate Reporting Enforcement Initiative. On April 27, 2000, EPA’s Office of Enforcement and Compliance Assistance (OECA) notified over 130 metal finishers they felt these shops had incorrectly filed TRI Form R reports according to EPCRA section 313 requirements. The letter indicated these shops would be fined $5,000 per year for each year in which incorrect reporting occurred. Typically, this equated to a total fine of $20,000. The only way for a shop to avoid a fine was to prove it had correctly reported nitrates that were “created” in the operation of their waste treatment system. The recently negotiated resolution reduces the penalty to a total of $1,000 for shops with less than 100 employees and $5,000 for shops with more than 100 employees. In return for the reduced penalty, facilities must conduct a TRI audit for nitrates and other regulated chemicals and compounds for the years 1995 to 1998. They must also submit the corrected data within 120 days and certify they have met the EPCRA section 313 reporting requirements. Interestingly enough, this settlement was reached without lawyers, without depositions, and without visits to any courtrooms. Furthermore, it seems to have been accomplished without affecting the improved relationship between the Metal Finishing Industry and EPA. In fact proponents of the kinder, gentler relationship with the U.S. EPA maintain that the only reason a settlement was reached was because of the years that have been spent building relationships, mutual respect, and access to people in top decision-making positions in Washington. These same GR proponents suggest that the Strategic Goals Program (SGP) has helped the Metal Finishing Industry establish its credibility and leadership position in Washington as an industry interested in significant but constructive change in environmental policy. Which side is right-those that favor sleeping with the enemy or those opposed to it? Only time will tell. In the meantime, however, the kinder, gentler side appears to have the advantage.
Editor
Metd Fini&ing fLSSN 0026-0576) is pub lished monthly, with special issues in January and May tfourtaen times a yaar) by Elsevier Science Inc., 665 Avenue of the Americas, New York, N.Y. 19010. &fetal Finishing is &as to qualified metal finishers in the U.S. For suppliers, consultants and others related to the field the subscription rats per year, induding a copy of the “Metal Finishmg Guidebook and Directory Issue” and the “Organic Finishing Guidebook and Directory Issue” is $60.00 in U.S., $84.00 in Canada and Mexico. Prices include postage and are subject to change without notice. For other countries or for additional information contact Metal Finishing Customer Service, P.O. Box 141, Congers, N.Y. 10920-0141. Toll free (for U.S. customers): l-800-765-7514. Outside the U.S. call 9142675490. Fax 914267-3478. E-mail: [email protected]. Single copies of Metal Finishing (except the Guidebook and Directory issues): $5.00 in the U.S. Periodicals postage paid at New York, N.Y. and at additional mailing offices. Change of Address: Postmaster-send address changes to Metal Finishing, P.O. Box 141, Congers, N.Y. 10920-0141. Toll-free (for US. customers) l-800-765-7514. Outside of the U.S. call 914-267-3490. Fax: 914-2673478. E-mail: [email protected]. 45 days advance notice required. Please include both new and old address. Copyright by Elsevier Science Inc. Permission for reprinting selected portions will usually be granted on written application to the publisher. Articles on pertinent subjects are invited. For further information, contact the Editor at 660 White Plains Rd., Tarrytown, N.Y. 10591, [email protected]. Publication does not necessarily imply endorsement. MicroGim Edition: Available from University Microfilms, 300 N. Zeeb Rd., Ann Arbor, Mich. 48103. Our publication number is 342180.
any finishers oppose the kinder, gentler approach the Metal Finishing Industry’s Government Relations (GR) Program has espoused for the past several years in dealing with the United States Environmental Protection Agency (U.S. EPA). They argue we are in a winner-take-all battle with the U.S. EPA and that trying to reason with the enemy is futile. Perhaps these folks feel differently in view of the very favorable settlement the Metal Finishing Industry recently negotiated with the U.S. EPA on the much-publicized TRI Nitrate Reporting Enforcement Initiative. On April 27, 2000, EPA’s Office of Enforcement and Compliance Assistance (OECA) notified over 130 metal finishers they felt these shops had incorrectly filed TRI Form R reports according to EPCRA section 313 requirements. The letter indicated these shops would be fined $5,000 per year for each year in which incorrect reporting occurred. Typically, this equated to a total fine of $20,000. The only way for a shop to avoid a fine was to prove it had correctly reported nitrates that were “created” in the operation of their waste treatment system. The recently negotiated resolution reduces the penalty to a total of $1,000 for shops with less than 100 employees and $5,000 for shops with more than 100 employees. In return for the reduced penalty, facilities must conduct a TRI audit for nitrates and other regulated chemicals and compounds for the years 1995 to 1998. They must also submit the corrected data within 120 days and certify they have met the EPCRA section 313 reporting requirements. Interestingly enough, this settlement was reached without lawyers, without depositions, and without visits to any courtrooms. Furthermore, it seems to have been accomplished without affecting the improved relationship between the Metal Finishing Industry and EPA. In fact proponents of the kinder, gentler relationship with the U.S. EPA maintain that the only reason a settlement was reached was because of the years that have been spent building relationships, mutual respect, and access to people in top decision-making positions in Washington. These same GR proponents suggest that the Strategic Goals Program (SGP) has helped the Metal Finishing Industry establish its credibility and leadership position in Washington as an industry interested in significant but constructive change in environmental policy. Which side is right-those that favor sleeping with the enemy or those opposed to it? Only time will tell. In the meantime, however, the kinder, gentler side appears to have the advantage.
Editor
Metd Fini&ing fLSSN 0026-0576) is pub lished monthly, with special issues in January and May tfourtaen times a yaar) by Elsevier Science Inc., 665 Avenue of the Americas, New York, N.Y. 19010. &fetal Finishing is &as to qualified metal finishers in the U.S. For suppliers, consultants and others related to the field the subscription rats per year, induding a copy of the “Metal Finishmg Guidebook and Directory Issue” and the “Organic Finishing Guidebook and Directory Issue” is $60.00 in U.S., $84.00 in Canada and Mexico. Prices include postage and are subject to change without notice. For other countries or for additional information contact Metal Finishing Customer Service, P.O. Box 141, Congers, N.Y. 10920-0141. Toll free (for U.S. customers): l-800-765-7514. Outside the U.S. call 9142675490. Fax 914267-3478. E-mail: [email protected]. Single copies of Metal Finishing (except the Guidebook and Directory issues): $5.00 in the U.S. Periodicals postage paid at New York, N.Y. and at additional mailing offices. Change of Address: Postmaster-send address changes to Metal Finishing, P.O. Box 141, Congers, N.Y. 10920-0141. Toll-free (for US. customers) l-800-765-7514. Outside of the U.S. call 914-267-3490. Fax: 914-2673478. E-mail: [email protected]. 45 days advance notice required. Please include both new and old address. Copyright by Elsevier Science Inc. Permission for reprinting selected portions will usually be granted on written application to the publisher. Articles on pertinent subjects are invited. For further information, contact the Editor at 660 White Plains Rd., Tarrytown, N.Y. 10591, [email protected]. Publication does not necessarily imply endorsement. MicroGim Edition: Available from University Microfilms, 300 N. Zeeb Rd., Ann Arbor, Mich. 48103. Our publication number is 342180.