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 very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

The instructor does a great job at presenting material in an approachable way. I have been able to save my company about $30,000 in the last year with what I have learned from Lion!

Curtis Ahonen

EHS&S Manager

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

Download Our Latest Whitepaper

Ace hazmat inspections. Protect personnel. Defend against civil and criminal penalties. How? See the self-audit "best practices" for hazardous materials shippers.

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.