Batt Opposes Environmental Audit Law He Says Grant Of Amnesty Creates Questions

Gov. Phil Batt Monday joined Idaho’s largest business lobby in opposing renewal of the state’s 2-year-old environmental audit law.

“The statute giving amnesty to those who voluntarily submit to environmental audits, although presented with good intentions, has created serious questions,” Batt told lawmakers in his State of the State address. “I am not willing to extend it in its current form.”

A month ago, the Environmental Protection Agency concluded the law needs changes to ensure its immunity and confidentiality provisions do not interfere with the Clean Air Act’s requirement that the state have authority to assure compliance.

The law expires at the end of the year without reauthorization by lawmakers and the governor.

It grants immunity from civil and criminal penalties to companies that voluntarily disclose audits which show environmental violations and develop compliance plans.

It also exempts from the public’s view audit reports and other information considered confidential by firms and submitted to state environmental regulators.

Idaho Association of Commerce and Industry Vice President Brent Olmstead said the group wants questions resolved nationwide and hopes the EPA will recognize the know-how of states and let them regulate themselves.

“We will come back with a new bill in 1998,” he said.

Mike Medberry of the Idaho Conservation League called the development terrific news.

“I think it is a nice tone to set at the beginning of the legislative session on the environment,” he said.

Only two Idaho companies have tried to use the law, but neither has submitted a qualifying environmental audit report, Idaho Division of Environmental Quality officials said.

After the Idaho National Engineering Laboratory’s contractor tried to employ the law, the Legislature changed it to exclude government agencies and their contractors.

Industry officials contend companies have been reluctant to use the law because of its uncertain temporary status.

Two months ago, Northwest Environmental Advocates of Portland, called on the EPA to revoke Idaho’s authority to enforce federal clean water standards and hazardous waste regulations because of the law.