Self-Disclosure of Violations Under EPA Programs

On December 9, 2015, the EPA launched a new program for making self-disclosures of environmental violations through a centralized web-based “eDisclosure” portal. This system can be used to report almost all types of civil violations and replaces the EPA’s previous process of accepting and responding to hard-copy disclosures. 

The purpose of the new system is to help the EPA more efficiently receive and process violations submitted under its self-disclosure policies. Note that in order to be eligible for substantial mitigation of the potential civil penalty, the disclosing party must meet all or most of the nine elements under the self-audit policy.

Per the EPA: “These policies offer penalty mitigation and other incentives for companies that discover, promptly disclose, and expeditiously correct environmental violations, and take steps to prevent future violations.”

For many of the more routine types of disclosures, regulated entities that certify compliance and meet all policy conditions can obtain immediate resolution in the form of an electronic Notice of Determination (eNOD), which will serve to waive all civil penalties. Other disclosures may qualify to receive an Acknowledgement Letter confirming the EPA’s receipt of the disclosures, and promising that the EPA will make a determination as to eligibility for penalty mitigation if and when it considers taking an enforcement action for environmental violations.

Those companies who use the portal to report a violation must do the following:

• Register with the system
• Promptly disclose their violations online within 21 days of discovery
• Submit an online certification describing how any non-compliance was corrected in a timely manner

For more information concerning this important change in EPA policy, please contact Erv Pickell at Ervin.Pickell@weaver.com or 832.320.3205.

Don’t forget to download the Weaver Compliance Navigator app and visit our online Compliance Directory.