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EPA Compliance and Enforcement Answer Book 2013 (2013 Edition)
 by Richard E Glaze, Jr, Adam Sowatzka
 
 Copyright: 2013

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  • ISBN Number: 9781402419966
  • Page Count: 330
  • Number of Volumes: 1
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The U.S. Environmental Protection Agency enforces an extensive array of federal environmental laws and regulations, and it delegates enforcement authority to state environmental officials as well. These laws may affect not only major manufacturing operations (like chemicals and automobiles), but also small businesses and operations such as hospitals, universities, farms, and municipal governments. Failure to comply may subject firms and their officers and employees to federal and state administrative proceedings, civil lawsuits, and criminal prosecutions.

To help firms and individuals comply with the law and deal effectively with the EPA, this new book provides, in convenient question and- answer format, a brief overview of the main federal environmental laws, and it then focuses in detail on the practical aspects of compliance and enforcement.

  • Is state enforcement less stringent than federal enforcement? What does a typical permit provide? What are the enforcement consequences of failing to comply with monitoring and reporting requirements? How does EPA set its enforcement priorities? What triggers an EPA inspection? What is the first thing that should be done when an inspector arrives?
  • What is an environmental crime? Can a corporate officer be prosecuted for the conduct of an employee? What is an administrative compliance order? What is a notice of violation? What is the role of the Department of Justice in environmental enforcement?
  • What does “imminent and substantial endangerment” mean? What is “economic benefit” and why does EPA seek to recover it as part of the penalty calculation? Is compliance with the language of the permit a defense? How does bankruptcy affect enforcement actions by EPA? What are the benefits of implementing an environmental management system? How does one make a voluntary disclosure under EPA’s audit policy? Can a citizen suit be brought if EPA or a state is pursuing an enforcement action for the same conduct?

These questions and hundreds of others are answered clearly and succinctly by Adam Sowatzka and Richard E. Glaze, Jr., based on the expertise they have gained both as lawyers for the government and as private practitioners advising clients regarding environmental compliance. 

As pointed out in the Foreword by Fred L. Burnside (Former Director, U.S. EPA Office of Criminal Enforcement, Forensics and Training), EPA’s enforcement programs have evolved, and today “the government utilizes a wide range of resources to investigate enforcement matters, including inspectors, criminal investigators, regulatory experts, sampling technicians, chemists, agency enforcement attorneys, and civil and criminal prosecutors. Companies and corporate officials, often finding themselves at the mercy of government personnel and an unpredictable timetable, need their own resources to respond effectively.” The EPA Compliance and Enforcement Answer Book 2013 provides an essential resource to help level the playing field.

  EPA Compliance and Enforcement Answer Book 2013 Table of Contents
  Foreword
  List of Abbreviations
Chapter 1: Major Federal Environmental Laws
  • Q 1.1 : What is the purpose of the Resource Conservation and Recovery Act?4
  • Q 1.2 : What is “hazardous waste”?4
  • Q 1.3 : How must a generator manage and dispose of hazardous waste?5
  • Q 1.4 : How are hazardous waste generators classified?5
  • Q 1.5 : What are the storage limits for hazardous waste generators?6
  • Q 1.6 : What if a generator stores too much for too long?6
  • Q 1.7 : How are underground storage tanks for hazardous waste regulated?6
  • Q 1.8 : What is required in case of an accidental release of hazardous waste?7
  • Q 1.9 : Is used oil subject to regulation under the Resource Conservation and Recovery Act?8
  • Q 1.10 : Is lead-based paint subject to regulation under the Resource Conservation and Recovery Act?8
  • Q 1.11 : What is the purpose of the Comprehensive Environmental Response, Compensation and Liability Act?9
    • Q 1.11.1 : Is the Act’s liability scheme considered particularly stringent?9
  • Q 1.12 : What are the hazardous substance release reporting requirements under the Comprehensive Environmental Response, Compensation and Liability Act?10
    • Q 1.12.1 : Who is the “person in charge” responsible for reporting to NRC?11
    • Q 1.12.2 : What does “immediate” reporting entail?11
    • Q 1.12.3 : What is a “release” of a hazardous substance?11
    • Q 1.12.4 : What constitutes a release into the “environment”?12
    • Q 1.12.5 : What information must be reported to the National Response Center regarding a release?12
  • Q 1.13 : How does the Comprehensive Environmental Response, Compensation and Liability Act govern the cleanup of property containing hazardous substances?13
  • Q 1.14 : Under the Comprehensive Environmental Response, Compensation and Liability Act, who is subject to liability for a release of a hazardous substance?13
  • Q 1.15 : Are there exemptions from Superfund liability?14
  • Q 1.16 : What defenses to Superfund liability are available?15
  • Q 1.17 : Can the U.S. government be held responsible as a PRP at a Superfund site?16
  • Q 1.18 : What is the purpose of the Emergency Planning and Community Right-to-Know Act?17
  • Q 1.19 : How does the Emergency Planning and Community Right-to-Know Act regulate hazardous chemicals?17
  • Q 1.20 : What is the purpose of the Clean Air Act?18
  • Q 1.21 : What kinds of air pollutants does the Clean Air Act address?19
  • Q 1.22 : How does the Clean Air Act regulate criteria pollutants?19
  • Q 1.23 : What are some of the ways the Clean Air Act regulates hazardous air pollutants?19
  • Q 1.24 : How does the Clean Air Act regulate greenhouse gas emissions?20
    • Q 1.24.1 : What gases are considered greenhouse gases?21
  • Q 1.25 : What reporting and compliance requirements are imposed by the Clean Air Act?21
    • Q 1.25.1 : What is new source review?22
    • Q 1.25.2 : What sources of air emissions need a Title V operating permit?22
    • Q 1.25.3 : What is a risk management program?23
  • Q 1.26 : Does the Clean Air Act impose record-keeping requirements?23
  • Q 1.27 : What is the purpose of the Clean Water Act?23
    • Q 1.27.1 : What kinds of pollutants are regulated by the Clean Water Act?24
    • Q 1.27.2 : What are point source discharges?24
    • Q 1.27.3 : What are nonpoint sources?24
    • Q 1.27.4 : What are “waters of the United States”?24
    • Q 1.27.5 : What are not “waters of the United States”?25
  • Q 1.28 : What does an NPDES permit specify?26
  • Q 1.29 : How are wetlands protected?27
  • Q 1.30 : Which kinds of storm water discharges require an NPDES permit?27
    • Q 1.30.1 : Are any storm water discharges exempt from regulation?27
  • Q 1.31 : What permits are required for discharges to municipal sewage treatment plants?28
  • Q 1.32 : What regulations affect facilities dealing with oil?28
    • Q 1.32.1 : What is “oil” for Clean Water Act purposes?28
    • Q 1.32.2 : What is a spill prevention, control, and countermeasure plan?29
    • Q 1.32.3 : How does a facility implement its plan?30
  • Q 1.33 : What is the purpose of the Federal Insecticide, Fungicide, and Rodenticide Act?30
  • Q 1.34 : What is a “pesticide”?31
    • Q 1.34.1 : What is a “pest”?31
    • Q 1.34.2 : When is a substance “intended for a pesticidal purpose”?32
    • Q 1.34.3 : What is “mitigation” of a pest?32
    • Q 1.34.4 : Are cleaning products and the like pesticides?32
  • Q 1.35 : Do pesticides need to be registered?33
  • Q 1.36 : What is the purpose of the Toxic Substances Control Act?33
  • Q 1.37 : What substances does the Toxic Substances Control Act address?33
    • Q 1.37.1 : Are all substances not on the inventory of existing chemicals banned?34
  • Q 1.38 : What reporting requirements does the Toxic Substances Control Act impose?34
  • Q 1.39 : How is asbestos regulated?35
  • Q 1.40 : How is lead-based paint regulated?35
  • Q 1.41 : How are polychlorinated biphenyls regulated?35
    • Q 1.41.1 : What are PCB marking requirements?36
    • Q 1.41.2 : What are PCB storage, disposal, and transport requirements?37
    • Q 1.41.3 : What are PCB record-keeping requirements?37
Chapter 2: EPA-State Enforcement Framework
  • Q 2.2.1 : What is the role of EPA headquarters in enforcement?46
  • Q 2.2.2 : What scientific and forensic facilities does EPA have?46
  • Q 2.2.3 : What is the role of the EPA regions in enforcement?47
    • Q 2.2.3.1 : How are the regions organized?48
  • Q 2.2.4 : What is the role of EPA regional attorneys?48
  • Q 2.2.5 : How does EPA provide scientific support to its enforcement programs?48
  • Q 2.2.6 : Do the regions employ Criminal Investigation Division agents?49
  • Q 2.2.7 : What is the role of the Department of Justice in environmental enforcement?49
    • Q 2.2.7.1 : When does EPA refer civil cases to the Department of Justice?49
    • Q 2.2.7.2 : When does EPA refer criminal cases to the Department of Justice?49
  • Q 2.2.8 : How does EPA authorize states to enforce federal environmental laws?50
    • Q 2.2.8.1 : Must a state agree to be authorized?50
    • Q 2.2.8.2 : Is public notice required before a state can be authorized?50
    • Q 2.2.8.3 : What terminology is used for EPA authorizations?50
  • Q 2.2.9 : What enforcement authority has not been delegated to states?51
  • Q 2.2.10 : If EPA grants enforcement authority to a state, does the state always exercise it?51
  • Q 2.2.11 : If EPA grants enforcement authority to a state, is EPA out of the picture?52
  • Q 2.2.12 : May EPA bring enforcement actions in states to which EPA has granted authority?52
    • Q 2.2.12.1 : What is “overfiling” by EPA?52
  • Q 2.2.13 : What oversight does EPA conduct of delegated state programs?53
  • Q 2.2.14 : How is state enforcement authority terminated?53
  • Q 2.2.15 : Is state enforcement less stringent than federal enforcement?54
  • Q 2.2.16 : Are state penalties less than federal penalties?54
  • Q 2.2.17 : Are state self-audit policies more advantageous than EPA policies?55
  • Q 2.2.18 : What other factors cause differences in federal and state enforcement?55
Chapter 3: EPA-State Enforcement Framework
  • Q 3.3.1 : What does a typical permit provide?60
  • Q 3.3.2 : What are the primary compliance monitoring requirements of the Clean Air Act?61
  • Q 3.3.3 : What are the primary permits of the Clean Water Act that impose compliance monitoring requirements?61
  • Q 3.3.4 : What monitoring is required under direct discharge permits?62
  • Q 3.3.5 : What are the monitoring and reporting requirements for indirect dischargers?63
  • Q 3.3.6 : What monitoring and reporting is required under the Resource Conservation and Recovery Act?63
  • Q 3.3.7 : What monitoring and reporting requirements apply to generators of solid waste?64
  • Q 3.3.8 : What monitoring and reporting requirements apply to holders of permits for treatment storage and disposal facilities?64
  • Q 3.3.9 : What are the primary release reporting requirements under environmental laws?65
  • Q 3.3.10 : What are the enforcement consequences of failing to comply with monitoring and reporting requirements?65
  • Q 3.3.11 : What can be done to minimize permit enforcement actions?66
Chapter 4: EPA-State Enforcement Framework
  • Q 4.4.1 : How does EPA set its enforcement priorities?72
    • Q 4.4.1.1 : What happens when a particular national enforcement initiative is identified?72
    • Q 4.4.1.2 : What happens when EPA achieves the goals for a particular initiative?73
  • Q 4.4.2 : What does EPA expect to accomplish annually with respect to its enforcement activities?73
  • Q 4.4.3 : What budget and staffing resources does EPA have?74
    • Q 4.4.3.1 : How much is spent specifically on enforcement?74
  • Q 4.4.4 : Does EPA use contractors to conduct inspections or otherwise outsource any of its enforcement activities?75
  • Q 4.4.5 : What are EPA’s current enforcement priorities for water?76
  • Q 4.4.6 : What are EPA’s current enforcement priorities for air?77
  • Q 4.4.7 : What are EPA’s current enforcement priorities for waste?78
  • Q 4.4.8 : What is “environmental justice”?78
  • Q 4.4.9 : How did environmental justice become a government concern?79
  • Q 4.4.10 : How is environmental justice considered in EPA enforcement actions?79
Chapter 5: Inspections and Information Gathering
  • Q 5.5.1 : What triggers an EPA inspection?86
  • Q 5.5.2 : What types of inspections are performed?86
  • Q 5.5.3 : What guides EPA inspectors in their work?87
  • Q 5.5.4 : What are the sources of EPA’s authority to perform inspections?87
  • Q 5.5.5 : How can a facility prepare for an EPA inspection?89
  • Q 5.5.6 : What is the first thing that should be done when an inspector arrives?90
    • Q 5.5.6.1 : What will happen if I refuse access to my facility?92
  • Q 5.5.7 : How do I handle the actual inspection?92
  • Q 5.5.8 : What is a multi-media inspection?94
  • Q 5.5.9 : If I have not heard back from EPA several months after an inspection, what should I do?94
  • Q 5.5.10 : What is the EPA’s authority for making information requests?95
  • Q 5.5.11 : What should I do if I receive an information request?95
  • Q 5.5.12 : Are there penalties for failing to comply with an information request?96
Chapter 6: Criminal Enforcement
  • Q 6.6.1 : What is an environmental crime?100
  • Q 6.6.2 : Which government agencies and departments enforce environmental crimes?101
    • Q 6.6.2.1 : What are EPA’s investigative resources?101
  • Q 6.6.3 : Why should a business be concerned about environmental crimes?102
    • Q 6.6.3.1 : What are the consequences of environmental crimes convictions for individuals?102
    • Q 6.6.3.2 : What are the consequences of environmental crimes convictions for corporations?103
  • Q 6.6.4 : What is the main difference between an environmental crime and a civil infraction?103
    • Q 6.6.4.1 : How does the “knowingly” requirement compare to requirements for other felonies?104
  • Q 6.6.5 : Can a corporate officer be prosecuted for the conduct of an employee?105
  • Q 6.6.6 : Can an employee be prosecuted for conduct ordered by a supervisor?105
  • Q 6.6.7 : Can a business be prosecuted without prosecuting an individual?106
  • Q 6.6.8 : What are the most commonly prosecuted crimes related to water pollution?106
  • Q 6.6.9 : What conduct constitutes a “direct discharge” crime?107
    • Q 6.6.9.1 : How is “person” defined?107
    • Q 6.6.9.2 : How is “pollutant” defined?108
    • Q 6.6.9.3 : How is “navigable waters” defined?108
    • Q 6.6.9.4 : Are discharges of oil and hazardous substances treated differently?108
  • Q 6.6.10 : Is filling a wetland a “direct discharge” violation?109
    • Q 6.6.10.1 : Why are wetlands cases hard to prosecute?109
  • Q 6.6.11 : What is an indirect discharge crime?110
  • Q 6.6.12 : Does the Clean Water Act punish deliberately harmful conduct?110
  • Q 6.6.13 : What constitutes “falsification or tampering” under the Clean Water Act?111
  • Q 6.6.14 : What are the penalties for committing Clean Water Act crimes?111
  • Q 6.6.15 : Do statutes other than the Clean Water Act cover water pollution crimes?111
  • Q 6.6.16 : What crimes involve mishandling hazardous wastes?112
  • Q 6.6.17 : What is “hazardous waste” under RCRA?113
  • Q 6.6.18 : Why do the criminal statutes dealing with hazardous waste include used oil?114
  • Q 6.6.19 : What are the penalties for committing Resource Conservation and Recovery Act crimes?114
  • Q 6.6.20 : Do statutes other than the Resource Conservation and Recovery Act cover crimes related to dangerous chemicals?114
  • Q 6.6.21 : What conduct is a crime under the Clean Air Act?115
  • Q 6.6.22 : What are the most commonly prosecuted Clean Air Act crimes?116
  • Q 6.6.23 : What are the penalties for committing Clean Air Act crimes?117
  • Q 6.6.24 : Are there criminal provisions for the misuse of pesticides?118
  • Q 6.6.25 : Are there criminal provisions for failing to report releases of pollution?118
  • Q 6.6.26 : Are nonenvironmental crimes commonly prosecuted along with or in lieu of environmental crimes?119
  • Q 6.6.27 : How is the crime of false statements used in environmental crimes prosecutions?119
  • Q 6.6.28 : What conduct can result in a conspiracy charge and why is it useful to a prosecutor?120
  • Q 6.6.29 : How does fraud relate to environmental crimes?120
  • Q 6.6.30 : How do EPA and DOJ decide whether to prosecute a case as a criminal matter?121
  • Q 6.6.31 : May the government conduct civil and criminal enforcement for the same conduct?122
    • Q 6.6.31.1 : Do parallel proceedings violate the Double Jeopardy Clause?123
  • Q 6.6.32 : Will a settlement of the civil case discharge the criminal case or vice versa?123
  • Q 6.6.33 : Does EPA have enforcement priorities that affect its criminal prosecution decisions?123
  • Q 6.6.34 : What are the indications that EPA is investigating a company for crimes?124
  • Q 6.6.35 : What should a company do when it believes it is being investigated?124
  • Q 6.6.36 : If EPA is investigating, should the company conduct an internal investigation as well?125
  • Q 6.6.37 : How should a company handle relevant documents after learning of an investigation?126
  • Q 6.6.38 : Should technical experts be involved in the internal investigation?126
  • Q 6.6.39 : Are company employees’ statements in an internal investigation privileged?127
  • Q 6.6.40 : What should be done when an internal investigation uncovers noncompliance?127
  • Q 6.6.41 : What can a company do to make a criminal investigation or prosecution less likely?128
  • Q 6.6.42 : How can an environmental self-audit help prevent criminal enforcement actions?128
    • Q 6.6.42.1 : Can an environmental audit help resolve a criminal investigation that has already begun?129
  • Q 6.6.43 : How is defending an environmental crimes prosecution different from defending other white collar crimes?129
Chapter 7: Administrative Enforcement
  • Q 7.1 : What can EPA or a state agency order a regulated entity to do?140
  • Q 7.2 : How does EPA notify a regulated entity of an administrative enforcement action?140
  • Q 7.3 : What is an administrative compliance order?141
  • Q 7.4 : What types of administrative compliance orders are issued by EPA?141
  • Q 7.5 : What evidence of a violation must EPA have before issuing an administrative compliance order?142
  • Q 7.6 : May the recipient contest an administrative compliance order?142
  • Q 7.7 : What are the consequences of failing to comply with an administrative compliance order?143
  • Q 7.8 : What is a notice of violation?144
  • Q 7.9 : What is a show cause meeting?144
  • Q 7.10 : What is an administrative penalty order?145
  • Q 7.11 : May the recipient of an APO contest the order?145
  • Q 7.12 : What are the rules governing challenges to EPA orders?145
  • Q 7.13 : Who is the hearing officer for administrative cases?146
  • Q 7.14 : Who hears appeals from the decision of an administrative law judge?146
  • Q 7.15 : Is alternative dispute resolution available in EPA administrative cases?146
Chapter 8: Civil Judicial Enforcement
  • Q 8.1 : Which environmental statutes allow for civil judicial enforcement?150
  • Q 8.2 : What is the role of the Department of Justice in environmental enforcement?151
  • Q 8.3 : What happens when EPA refers cases to the Department of Justice?151
  • Q 8.4 : What is the memorandum of understanding between EPA and the Department of Justice?152
    • Q 8.4.1 : What is Practically speaking, who controls the litigation process and negotiations as between EPA and DOJ?153
  • Q 8.5 : What is the process for negotiating a settlement with EPA and DOJ?153
  • Q 8.6 : What should I expect out of the first negotiation meeting with DOJ?154
  • Q 8.7 : What is a tolling agreement?155
    • Q 8.7.1 : Should I sign a tolling agreement?155
  • Q 8.8 : What is a consent decree?160
    • Q 8.8.1 : What if I fail to comply with the terms of the consent decree?160
    • Q 8.8.2 : What are stipulated penalties?161
  • Q 8.9 : Is a successful defendant entitled to costs and attorney’s fees?162
Chapter 9: Imminent and Substantial Endangerment Authority
  • Q 9.1 : What does “imminent and substantial endangerment” mean?166
  • Q 9.2 : What imminent and substantial endangerment authority is provided by the Comprehensive Environmental Response, Compensation and Liability Act?167
  • Q 9.3 : What entities may be served with a CERCLA unilateral administrative order?168
  • Q 9.4 : What are the consequences of failing to comply with a cleanup order issued under section 106?168
  • Q 9.5 : What imminent and substantial endangerment authority is provided by the Resource Conservation and Recovery Act?169
  • Q 9.6 : Can individual officers and employees be required to comply with orders under the Resource Conservation and Recovery Act?170
  • Q 9.7 : Apart from immediate and substantial endangerments, does EPA have authority under the Resource Conservation and Recovery Act to take or compel action?170
  • Q 9.8 : How does EPA decide whether to issue an order under section 7003(a) for an imminent and substantial endangerment, or an order under other provisions of the Resource Conservation and Recovery Act?172
  • Q 9.9 : Is there overlap between the imminent and substantial endangerment authority of the Comprehensive Environmental Response, Compensation and Liability Act and that of the Resource Conservation and Recovery Act?173
  • Q 9.10 : When there is overlapping authority in these cases, how does EPA decide which authority to use?173
  • Q 9.11 : What imminent and substantial endangerment authority is provided by the Clean Water Act?174
  • Q 9.12 : Apart from immediate and substantial endangerments, does EPA have authority under the Clean Water Act to take or compel action?175
  • Q 9.13 : What are the consequences of disobeying orders issued under the Clean Water Act?175
  • Q 9.14 : What imminent and substantial endangerment authority is provided by the Clean Air Act?175
  • Q 9.15 : Apart from imminent and substantial endangerments, does EPA have authority under the Clean Air Act to take or compel action?176
  • Q 9.16 : What are the consequences of failing to comply with Clean Air Act orders?177
  • Q 9.17 : What imminent and substantial endangerment authority is provided by the Safe Drinking Water Act?177
  • Q 9.18 : Apart from immediate and substantial endangerments, does EPA have authority under the Safe Drinking Water Act to take or compel action?178
  • Q 9.19 : What are other examples of EPA emergency authority?178
  • Q 9.20 : Can an order based on imminent and substantial endangerment be challenged before it is complied with?179
Chapter 10: Civil Penalties
  • Q 10.1 : What are EPA’s goals in seeking penalties for violations of environmental laws?186
  • Q 10.2 : What are the maximum penalties allowed by statute?187
  • Q 10.3 : Are the statutory penalties adjusted for inflation?187
  • Q 10.4 : How does EPA determine the number of violations or the number of days of violation?194
  • Q 10.5 : What policy documents guide EPA in setting appropriate settlement amounts in enforcement cases?195
  • Q 10.6 : What formula does EPA use to calculate penalties?198
  • Q 10.7 : What is “economic benefit” and why does EPA seek to recover it as part of the penalty calculation?200
    • Q 10.7.1 : How does EPA calculate the economic benefit portion of a penalty?201
    • Q 10.7.2 : What is BEN?201
    • Q 10.7.3 : What are delayed costs?201
    • Q 10.7.4 : What are avoided costs?202
  • Q 10.8 : What is the purpose of the “gravity” component of a penalty?203
    • Q 10.8.1 : How does EPA calculate the gravity component?203
  • Q 10.9 : What other factors can increase or decrease the proposed penalty?204
    • Q 10.9.1 : What is the flow reduction factor for small facilities?204
    • Q 10.9.2 : What if a party has been uncooperative in the past?205
    • Q 10.9.3 : Does cooperation help reduce the penalty?205
    • Q 10.9.4 : What are EPA’s “litigation considerations” for penalty calculation purposes?205
    • Q 10.9.5 : Does ability to pay affect the penalty?206
  • Q 10.10 : Do I have to pay the entire portion of the penalty in cash?206
  • Q 10.11 : How does EPA analyze a proposed supplemental environmental project?207
  • Q 10.12 : What is the nexus requirement?207
  • Q 10.13 : What other legal requirements must be met by a supplemental environmental project?208
  • Q 10.14 : What are the designated categories of SEPs?208
  • Q 10.15 : How much of the penalty is reduced by the SEP?210
    • Q 10.15.1 : Can a SEP mitigate the entire penalty?210
  • Q 10.16 : Are administrative law judges or courts required by law to follow a particular EPA penalty policy?211
  • Q 10.17 : How do courts calculate penalties in environmental cases?211
    • Q 10.17.1 : What is the top-down approach to penalty calculation?212
    • Q 10.17.2 : What is the bottom-up approach to penalty calculation?212
  • Q 10.18 : Can I pay in stages or do I have to pay the entire penalty up front?213
  • Q 10.19 : Is special consideration given to small businesses in enforcement actions?214
    • Q 10.19.1 : What does EPA consider to be a “small business”?214
Chapter 11: Defenses to Enforcement
  • Q 11.1 : If a violator exercised due care and did not mean to violate its permit, is that a defense to an enforcement action?220
    • Q 11.1.1 : Is the violator’s state of mind entirely irrelevant?220
  • Q 11.2 : Is compliance with the language of the permit a defense?220
  • Q 11.3 : What is the applicable statute of limitations for environmental violations?221
    • Q 11.3.1 : Are there exceptions to the five-year limitations period?221
  • Q 11.4 : How do the states handle the limitations period?222
  • Q 11.5 : If a business subject to environmental laws declares bankruptcy, how will that impact enforcement by EPA or environmental claims by third parties?223
  • Q 11.6 : How does bankruptcy affect enforcement actions by EPA?223
    • Q 11.6.1 : Are governmental regulatory demands dischargeable?224
    • Q 11.6.2 : Are governmental monetary demands dischargeable?224
    • Q 11.6.3 : Are governmental injunctive demands dischargeable?225
  • Q 11.7 : How does bankruptcy affect enforcement actions or environmental claims by third parties?226
    • Q 11.7.1 : How are claims for past costs handled?226
    • Q 11.7.2 : How are claims for future costs handled?227
  • Q 11.8 : Has res judicata (claim preclusion) been used as a defense?228
  • Q 11.9 : Has estoppel been used as a defense?229
  • Q 11.10 : Has mootness been used as a defense?229
  • Q 11.11 : Has laches been used as a defense?229
  • Q 11.12 : Has impossibility been used as a defense?230
Chapter 12: Compliance Programs and Incentives
  • Q 12.1 : What is an environmental management system?236
  • Q 12.2 : What are the basic elements of an environmental management system?236
  • Q 12.3 : What is ISO14001?237
  • Q 12.4 : What are the benefits of implementing an environmental management system?238
  • Q 12.5 : Can an environmental management system benefit a company facing penalties for alleged noncompliance?238
  • Q 12.6 : Can an environmental management system affect criminal investigations?239
  • Q 12.7 : Can implementation of an environmental management system reduce cash penalties in an enforcement action?240
  • Q 12.8 : What is EPA’s audit policy?240
    • Q 12.8.1 : What is the current status of the audit policy?240
  • Q 12.9 : What are the conditions for complying with the audit policy?241
  • Q 12.10 : What are the benefits of complying with the audit policy?241
  • Q 12.11 : How does one make a voluntary disclosure under EPA’s audit policy?242
    • Q 12.11.1 : What must the disclosure contain?242
  • Q 12.12 : Do states have audit policies?243
  • Q 12.13 : What is “compliance assistance”?243
  • Q 12.14 : How does compliance assistance relate to enforcement?244
Chapter 13: Citizen Suits
  • Q 13.1 : What do citizen suits aim to accomplish?248
  • Q 13.2 : What is “standing to sue” and how does it relate to citizen suits?248
  • Q 13.3 : What notice is required for citizen suits?249
  • Q 13.4 : What if the alleged violator regains compliance before being sued?249
  • Q 13.5 : Can a citizen suit be brought if EPA or a state is pursuing an enforcement action for the same conduct?249
  • Q 13.6 : Are citizen suit lawyers entitled to attorney’s fees?249
  • Q 13.7 : Do successful plaintiffs in a citizen suit get to keep the penalties?250
  Index to EPA Compliance and Enforcement Answer Book 2013

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Oct. 16 - 18, 2013

Advanced Swaps & Other Derivatives 2013

Oct. 17 - 18, 2013

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