Mixed welcome: Beware of some limitations in EPA`s audit policy
- Collier, Shannon, Rill and Scott, Washington, DC (United States)
The US Environmental Protection Agency`s Final Policy on Environmental Audits became effective January 22. The policy provides guidance on penalty mitigation for voluntary disclosures of environmental violations, and replaces EPA`s March 30, 1995, Interim Policy. In the Final Policy, EPA gives three basic incentives for companies to conduct audits: full or partial waiver of penalties for violations discovered; no recommendations for criminal prosecution; and no routine requests for environmental audits. To achieve these benefits, however, the policy demands adherence to nine separate conditions. Moreover, EPA remains opposed to providing immunity or recognizing privilege--even when created by state statutes--with respect to environmental audits. The policy also provides no protections to individual managers or employees. Finally, the agency has retained broad discretion to deviate from the policy on a case-by-case basis; thus, the policy provides little certainty to industry. Although the policy is a welcome step in the right direction, companies should be aware of the many limitations in the policy as they consider implementing environmental audit or due-diligence systems.
- OSTI ID:
- 205261
- Journal Information:
- Environmental Solutions, Journal Name: Environmental Solutions Journal Issue: 3 Vol. 9; ISSN ESOLE7; ISSN 1077-2537
- Country of Publication:
- United States
- Language:
- English
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