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In a state noted for its strict and pace-setting environmental laws, Riker Danzig’s Environmental Law Group is among...

EPA Audit Policy

October 30, 2016

Since its inception in January 1996, use of EPA's Audit Policy has resulted in voluntary self-disclosures of violations from over 450 companies at almost 1900 facilities across the country.  Participation has involved a broad spectrum of business and industry, including communications, pharmaceuticals, chemicals, energy, steel and transportation.  The policy covers all major federal environmental programs.

The stated purpose of the policy is to encourage regulated parties to perform voluntary self-audits and to disclose promptly and correct expeditiously any environmental violations uncovered.  In exchange for their proactive approach, participating companies may receive reduced or waived penalties.  As of March 1999, EPA had reduced or waived penalties for 166 companies at 936 facilities.

A recent evaluation of the Audit Policy, consisting of internal feedback and a survey of policy users, revealed that participants generally indicated support for the compliance incentive approach of the policy and credited it with encouraging specific improvements in their environmental management or auditing programs.

EPA is considering revisions to the policy, including lengthening the "prompt disclosure" period and reducing the agency's processing time for audit policy cases.  Also in the works is a multi-media set of 13 protocol manuals to assist the regulated community in conducting environmental audits.

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