September 01, 2015

EPA to modernize self-disclosure process for environmental violations

Scott Fulton and Daniel B. Schulson

In June 2015, the U.S. Environmental Protection Agency (EPA) announced plans to launch a web-based system to receive and respond to disclosures made under its existing Audit Policy titled “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” (65 Fed. Reg. 19,618 (Apr. 11, 2000)) and Small Business Compliance Policy (65 Fed. Reg. 19,630 (Apr. 11, 2000)). Under EPA’s newly announced program reforms, the agency will create an “eDisclosure” portal that will allow members of the regulated community to disclose violations more easily and EPA to process disclosures more efficiently. EPA intends to launch the web-based portal in fall 2015 and simultaneously publish a Federal Register notice describing the new system.

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