FOR IMMEDIATE RELEASE: November 20, 2002 

EPA Compliance Data Misleading

-- State raises concerns over omitted enforcement action --

TALLAHASSEE - The Environmental Protection Agency (EPA) is expected this week to unveil a new website for environmental compliance data. The Enforcement and Compliance History Online (ECHO) website is intended to provide the public access to environmental information on regulated facilities that are in “Significant Non-Compliance.” However, based on a review by the Florida Department of Environmental Protection (DEP), the new website provides an inaccurate picture of Florida’s environmental enforcement.

“Providing the public with the most up to date and accurate compliance information is essential,” said DEP Secretary David B. Struhs. “While the goals of ECHO are admirable, reporting faulty or unverified information has the potential to mislead the public and cause erroneous charges to be made against facilities that are in compliance with state and federal regulations.”

ECHO accurately reports that a tiny fraction (less than four-tenths of one percent) of over 31,000 regulated facilities in Florida have significant compliance problems. It fails, however, to report those cases where a facility has already been returned to compliance, where enforcement actions have been completed or are underway, or where EPA itself has the lead on an enforcement case.

As part of the state’s environmental compliance strategy, DEP routinely inspects facilities and provides updates to EPA on compliance and enforcement cases. Since EPA updates ECHO periodically, a lag time exists during which the public may be viewing inaccurate data relating to compliance inspections conducted, whether violations were detected, or if enforcement actions and penalties were taken in response to environmental law violations.

DEP’s review has already revealed that of 117 facilities listed by EPA as in “significant non-compliance,” 12 are reported in error, 29 are back in compliance, and 76 are under enforcement action by the state or EPA itself.

“Contrary to what EPA’s report suggests, DEP has addressed every one of these cases,” said DEP Deputy Secretary for Regulatory Programs Allan Bedwell. “In fact, during Governor Bush’s first term, Florida has increased environmental enforcement cases by over 75 percent.”

Florida facilities characterized by ECHO as being in "Significant Non-Compliance" (SNC)
Numbers based upon 11/20/02 EPA ECHO reports  

Updated Compliance and Enforcement Data	RCRA	Air	Waste Water	Total	Percents
Number of Florida facilities in ECHO Universe	29,877	1,317	225	31,419	100.0%
Number of facilities in Florida identified as “Significant Non-Compliance” (SNC) by EPA	58	38	21	117	0.4%
Number of SNC facilities listed in error by EPA	9	0	3	12	10.2%
Number of SNC facilities that FDEP has brought back into compliance by enforcement -- but not recorded in ECHO	1	23	5	29	24.8%
Number of SNC facilities with FDEP enforcement underway -- but not recorded in ECHO	30	4	10	44	37.6%
Number of SNC facilities with county enforcement underway -- but not recorded in ECHO	N/A	3	N/A	3	2.6%
Number of SNC facilities under investigation by FDEP -- but not recorded in ECHO	9	0	3	12	10.2%
Number of EPA-led cases – (but status of some not recorded in ECHO)	9	8	0	17	14.5%
TOTAL	58	38	21	117