On April 11, EPA issued revisions to their Audit Policies for both large and small businesses. The Audit Policies provide incentives for regulated entities to detect, promptly disclose, and expeditiously correct violations of Federal environmental requirements. Entities that meet the appropriate policy requirements are eligible for 100% mitigation of any gravity-based penalties that otherwise could be assessed. On the criminal side, EPA will generally elect not to recommend criminal prosecution by DOJ or any other prosecuting authority for a disclosing entity that meets at least conditions two through nine, as long as its self-policing, discovery and disclosure were conducted in good faith and the entity adopts a systematic approach to preventing recurrence of the violation. Repeat violations, those that result in actual harm to the environment, and those that may present an imminent and substantial endangerment are not eligible for relief under this Policy. Companies will not be allowed to gain an economic advantage over their competitors by delaying their investment in compliance. And entities remain criminally liable for violations that result from conscious disregard of or willful blindness to their obligations under the law, and individuals remain liable for their criminal misconduct. The revised final policies take effect May 11, 2000.

The revise policies are available on RCP's website at:

http://www.your-rcp.com/downloads/Misc/65 FR 19618 4-11-00 FR EPA Audit Policy.htm

http://www.your-rcp.com/downloads/Misc/65 FR 19630 4-11-00 Small Business Compliance Policy.htm

Note that compliance with the policy's conditions can help to avoid criminal prosecution. Contact RCP if your company needs assistance with establishing the necessary compliance assurance programs.