EPA has announced the launch of its e-disclosure portal to streamline and modernize the implementation of its Audit Policy and Small Business Compliance Policy.. EPA believes the new e-disclosure portal, accessible through the agency’s Central Data Exchange (CDX), will allow for faster, more efficient processing of self-disclosed violations of environmental laws and regulations.
The e-disclosure portal divides self-disclosures into 2 categories:
Category 1 |
Category 2 |
Category 1 violations include:
- EPCRA violations that meet all the conditions of EPA’s Audit Policy; or
- EPCRA violations that meet all the conditions of EPA’s Small Business Compliance Policy.
Violations of the following are excluded from Category 1:
- CERCLA section 103;
- EPCRA section 304 – emergency release notifications; and
- EPCRA violations with significant economic benefit.
Management of Category 1 violations:
- Those e-disclosing a Category 1 violation will receive an automatic electronic Notice of Determination confirming the violations are resolved with no penalty.
- The discloser must certify that the violations have been corrected via the e-disclosure portal.
- EPA will spot check Category 1 disclosures for compliance
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Category 2 violations include:
- All non-EPCRA violations;
- Violations where the discloser can certify compliance with all the conditions of EPA’s Audit Policy except systematic discovery; and
- EPCRA and CERCLA violations excluded from Category 1.
Management of Category 2 violations:
- Those e-disclosing a Category 2 violation will receive an automatic Acknowledgment Letter confirming EPA’s receipt of the disclosure.
- Eligibility for penalty mitigation will be determined by EPA as it reviews the disclosure and considers enforcement action.
- The discloser must certify that the violations have been corrected via the e-disclosure portal.
- EPA will screen Category 2 disclosures for criminal violations and potential imminent hazards.
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The EPA will continue to accept self-disclosures outside the e-disclosure process, and those with unresolved self-disclosures have the option of resubmitting the self-disclosure via the e-disclosure portal within 120 days.