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Compliance and Enforcement Annual Results:
FY2007 Compliance Incentives Activities Highlights
FY2007 Annual Results Topics
EPA is committed to a strong enforcement program to achieve environmental protection by deterring violators, bringing violators into compliance, correcting damage to the environment and ensuring that those who fail to comply do not put those who follow the law at an economic disadvantage. EPA uses its compliance incentive policies to promote self-policing, improvement in environmental management practices, and reduction of pollution in the environment. In Fiscal year 2007 728 facilities resolved violations that when corrected ensured 1.2 million pounds of pollution was reduced.
EPA may also require the implementation of Environmental Management Systems (EMSs) and audits as part of enforcement settlement. Where EPA determines, taking into account a violator’s size, characteristics, and overall compliance obligations, that the root cause of a defendant’s or respondent’s violations is the absence of a systematic approach to identifying, understanding and managing the regulated entity’s compliance with applicable environmental requirements, the appropriate injunctive relief should include an EMS with a compliance focus. This approach provides a framework for the regulated community to use in assessing and maintaining compliance with federal environmental laws.
The following is an example of a settlement requiring an EMS and audits that culminated in fiscal year 2007:
Amtrak
As part of a June 2001 settlement, Amtrak agreed to implement a company-wide EMS at an estimated cost of $11 million, including: an environmental audit program; a company-wide environmental information system; enhanced environmental compliance training; and increased environmental compliance staffing. The settlement also required Amtrak to undertake comprehensive environmental compliance audits at 51 of its facilities nationwide and to voluntarily disclose and correct environmental problems that were discovered.
As a result of Amtrak’s audit and the implementation of its EMS, EPA resolved violations at nearly 70 Amtrak facilities. In fiscal year 2007, EPA resolved violations at 9 facilities that reduced nearly 400,000 pounds of pollutants from being discharged to water. Storm water discharges from rail maintenance facilities can carry oil, grease and metals into storm drains, ultimately compromising the health and quality of streams and waterways. The EPA has identified storm water runoff as a leading cause of impaired water quality in the United StatesAudit Policy
Under an agreement with the EPA, the Department of Justice, Bureau of Prisons (BOP) will voluntarily audit all of its 16 prisons in Maryland, Pennsylvania, Virginia and West Virginia to see if they are meeting air, water and hazardous waste requirements. Under the audit agreement, the BOP agreed to disclose all EPA-enforceable regulatory violations discovered during the audit and correct them within 60 days. Potential environmental hazards at federal prisons are associated with various operations such as heating and cooling, wastewater treatment, hazardous waste and trash disposal, asbestos management, drinking water supply, pesticide use, and vehicle maintenance. The prisons house an estimated 20,000 inmates. The BOP voluntarily decided to audit these facilities after environmental problems were discovered by EPA during its 2004 inspection at the BOP’s Lewisburg facility.
Annual Results by Fiscal Year:
FY2007 | FY2006 | FY2005 | FY2004 | FY2003 | FY2002 | FY2001 | FY2000 | FY1999