April 29, 1996
Memorandum for Regional Administrators
From: John B. Miles, Jr., Director
Subject: Joint Investigations with EPA
We are reviewing proposed protocols for joint inspections with EPA, as you
are aware. Your comments will be part of our review process. Until those
protocols are completed, however, you need to be aware of two areas which
require action in addition to our normal procedures.
1. It is necessary to keep Regional EPA informed of the progress of our
enforcement case, even if they have left the site. They should be aware of
our plans for issuance of citations, for release of information (or
non-release), and about litigation and/or settlement of the case.
2. It is important that EPA understand our policies for obtaining and
handling of confidential business information, and that we reach agreement
with them at the start of each inspection as to what information will be
required, and which agency will obtain it. As you are aware, consistent with
the recent decision in the Shell case, our policy now is to obtain company
documents which are required for our investigation by means of subpoena. If
we, or EPA, were to obtain information on a voluntarily basis, that fact
could compromise our ability to include it in published reports about the
If you have questions or comments on this topic, please let me know, or
contact Ray Donnelly on 202-219-8041, ext. 101, or by e-mail.