There are CBI concerns related to publically reporting environmental benefit data associated with FIFRA enforcement actions. OECA has a performance measure looking at environmental benefit outcomes from our enforcement actions and the FIFRA program may be missing out on reporting these outcomes and in turn the program may appear as a weak performer.
A solution to the problem was discussed with members of OGC, HQ, and Region program offices so that we have consistent and accurate tracking of FIFRA enforcement action outcomes in our data systems and publically releasable information on the Agency's Enforcement and Compliance History On-line (ECHO) website. Regions can enter all of the traditional data into ICIS for an enforcement action and on the complying action/injunctive relief screen they can do the following:
enter a 0 for the amount;
Pounds for the unit and;
enter Pesticides as the pollutant name.
The detailed information must be maintained by the Region and the Region will have the option of reporting to HQ an aggregate number of pounds of pesticide at mid-year and end-of-year manually with the certification workbook.
Responsibilities of ICIS Data Entry Points of Contact Regarding Potential FIFRA/TSCA CBI Data
If any of the CCDS information you obtain contains estimated environmental benefits you should check with the case contact and make sure the estimate does not contain any FIFRA production information. If the answer is NO, then you're ok and can enter all the info in ICIS. If the answer is Yes, your follow up question to them is: "Did you inform the registrant that this information will be part of a public record and is the registrant ok with this?" The registrant will either say Yes it is ok or No do not disclosure the information.
If the respondent provides this information knowing that EPA plans to make this figure public, then there is no CBI concern. However, if EPA did not indicate what use would be made of the figure, then the company might still consider the information confidential. Therefore, please confirm the circumstances under which the respondent provided the figure to EPA. The actual CBI information should be handled according to CBI rules.
This solution will allow Regions to track these FIFRA case consistently. It will allow Regions to receive "credit" for achieving an environmental benefit outcome from these cases without releasing the CBI information, and it will allow the complete and accurate entry and accounting of these actions in the enforcement database of record.