Search

New EPA Civil-Criminal Enforcement Policy Promotes Closer Collaboration

Posted on 5/23/2024 by Lion Technology Inc.

US EPA recently put forth a new national enforcement policy to improve collaboration and information sharing between its civil and criminal enforcement offices. 

In a policy memo to enforcement personnel nationwide in April 2024, EPA’s Federal Office of Enforcement and Compliance Assurance (OECA) lays out a new strategy for citing violations of environmental standards and assessing penalties "characterized by joint strategic planning, rigorous case screening, and regular communication." 

For facilities subject to environmental laws like the Clean Air Act, Clean Water Act, EPCRA, CERCLA/Superfund, or Resource Conservation and Recovery Act (RCRA), closer collaboration between EPA's civil and criminal enforcement offices means that the agency can be expected to aggressively use all available tools to hold polluters accountable and deter future violations.  

From the memo:

“Civil and criminal enforcement managers should review inspection reports and other information regarding alleged violations to determine the appropriate tools for each matter and revisit those choices as cases progress. Information sharing should be a two-way street to promote optimal enforcement.”

“Strategic Civil-Criminal Enforcement Policy.” EPA Memo from David M. Uhlmann. April 17, 2024.

New EPA Civil-Criminal Enforcement Policy Promotes Closer Collaboration

Civil vs. Criminal EPA Enforcement

Civil violations of environmental laws or regulations often result from oversights, misunderstandings, and/or a lack of awareness about relevant regulations. EPA is not required to prove any “fault” or “intent” before issuing a citation for a civil penalty. The fact that noncompliance occurred is all it takes for a company to be penalized for violating the regulations.

For an environmental violation to be considered a criminal act, the US Department of Justice (DOJ) and US EPA must believe that the person or company involved “knowingly” violated the law/regulations. In other words, the company or person involved was aware that their actions violated the regulations/law before the violation was committed.

The prison sentences and financial cost for persons convicted of criminal violations last year add up to 106 years behind bars and more than $1 billion in penalties, restitution, and forfeited proceeds. According to the agency's annual summary of enforcement results, EPA’s criminal enforcement program achieved a 100% conviction rate of defendants in FY 2023. In the two years previous, that rate was 96% (2021) and 94% (2022). 

While civil environmental enforcement cases may not include the threat of individual prosecution or jail time, the consequences go far beyond “the cost of doing business.” Civil penalties increase to match inflation every year and, depending on the program, can be as high as $100,000+ per day, per violation.

Environmental Training for New Managers

Want a clearer idea of how major EPA air, water, and chemical programs all fit together to affect your site's activities? Join the Complete Environmental Regulations Webinar on July 25–26!

EH&S professionals who attend can identify the regulations that apply to their facility and locate key requirements to achieve compliance with the Clean Air and Clean Water Acts to EPCRA, TSCA, Superfund, and more. Prefer to train at your own pace? Try the interactive online course.

Tags: environmental compliance, EPA Enforcement, RCRA

Find a Post

Compliance Archives

Lion - Quotes

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

Lion does a great job summarizing and communicating complicated EH&S-related regulations.

Michele Irmen

Sr. Environmental Engineer

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.