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 created a great learning environment.

Avinash Thummadi

CAD & Environmental Manager

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

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

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

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.