FORUM: Environmental Testing, Official Methods, and Attitudes Toward Noncompliance

/ The US Environmental Protection Agency (EPA) has established longstanding regulations that prescribe the analytical procedures to be followed when parties submit information pursuant to regulatory programs. However, problems associated with unnecessary or irrational testing requirements along with the difficulty in obtaining approval of alternate procedures, has resulted in widespread noncompliance with those regulations. For the most part,agencies have tolerated this attitude of noncompliance and have in some ways contributed to it by adopting testing requirements that make little or no sense. Unfortunately, this complacency leaves agencies and regulated parties vulnerable to legal problems, such a court challenges to environmental permits. Regulatory agencies should confront the problems that have led to pervasive noncompliance and amend regulations to reflect that concerns about having useful data frequently override concerns about the national uniformity of test methods. In addition, the regulated community should be more mindful of the legal enforceability of promulgated testing requirements and affirmatively address those concerns with the promulgating agencies.KEY WORDS: Analytical chemistry; Biochemical oxygen demand; Compliance attitudes; Environmental lawhttp://link.springer-ny.com/link/service/journals/00267/bibs/24n2p141.html