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

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

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 was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

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 will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

Download Our Latest Whitepaper

Explore ten hazardous waste management errors that caused generators in California the most trouble 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.