Innovative Compliance Act of 1996

TABLE OF CONTENTS:

Title I: Alternative Strategies for Achieving Superior

Environmental Performance

Title II: Environmental Market-Based Strategies

Innovative Compliance Act of 1996 - Title I: Alternative Strategies for Achieving Superior Environmental Performance - Allows an owner or operator of a facility that is subject to an Environmental Protection Agency (EPA) rule to petition the EPA Administrator to modify or waive the rule with respect to the facility and enter into an enforceable compliance agreement establishing an alternative compliance strategy.

(Sec. 104) Requires a petitioner to undertake a stakeholder participation process to facilitate participation of, and notice to, the public, including government agencies and officials.

(Sec. 105) Set forth criteria for approval of a petition for a proposed alternative compliance strategy, including that the strategy will achieve better overall environmental results than would be achieved under current and reasonably anticipated future regulatory requirements. Requires the Administrator to deny a petition involving more than one pollutant or medium if: (1) at least one stakeholder objects to the strategy; and (2) the Administrator determines that the objection relates to any of the enumerated approval criteria and has a clear and reasonable foundation.

(Sec. 106) Requires that priority be given to petitions proposing strategies using pollution prevention approaches and those submitted by persons with strong records of outstanding environmental performance and worker health and safety protection.

(Sec. 107) Sets forth petition approval procedures, including those for public notice, preliminary comment, judicial review, and a limitation on the number of petitions considered.

(Sec. 113) Requires the Administrator to establish a program to facilitate development, and provide expedited review, of proposals from small business groups.

(Sec. 114) Sets forth congressional reporting requirements.

(Sec. 116) Requires establishment of an on-line repository of compliance agreements.

(Sec. 117) Authorizes appropriations and fees.

Title II: Environmental Market-Based Strategies - Directs the Administrator, where appropriate and before issuing a rule establishing a new program to limit the discharge or emission of a pollutant, to consider including market-based mechanisms in the design and implementation of the program. Describes such mechanisms as including the authorization to transfer or acquire increments of emissions or discharge reductions according to representative shares of total limits on emissions or discharges affected by the rule. Prohibits consideration of market-based mechanisms if: (1) resultant levels of pollutant emissions or discharges would exceed those that would be achieved under an alternative program; or (2) the pollutant's properties are such that the environmental or human health purposes for which it is regulated may be achieved only through the imposition of nontransferable source-specific emissions or discharge limitations.