Three manufacturing companies that voluntarily disclosed and corrected environmental violations had penalties waived by the U.S. Environmental Protection Agency, the result of an EPA policy that has been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance.
These recent “self-audit” cases handled by EPA’s mid-Atlantic regional office had potential penalties ranging from $1,000 to about $764,000 for environmental violations that the agency determined caused no harm to human health or the environment. Altogether, the companies located in
“EPA wants to acknowledge companies that make a concerted effort to protect the environment,” said Donald S. Welsh, EPA’s mid-Atlantic regional administrator. “Promptly disclosing violations, correcting them and acting to prevent future problems is the responsible thing to do.”
EPA’s audit policy can cover most regulatory requirements under the agency’s environmental statutes, such as reporting on using or storing toxic chemicals, proper record keeping, oil spill prevention measures and notifying residential tenants about the presence of lead-based paint.
In the cases announced October 25, each company discovered its potential violations during an environmental compliance audit and reported these violations to EPA. Because the companies satisfied all of the conditions of EPA’s self-disclosure policy and the amount of economic benefits gained were insignificant, the agency waived potential penalties.
In self-audit cases, EPA determines if a company qualifies for a penalty waiver under the agency’s audit policy, which substantially reduces, and often eliminates, penalties for a company that takes action to report and correct violations. The policy excludes criminal acts, violations resulting in significant harm to public health or the environment, or violations that economically benefit the company.
The recent self-audit cases include:
Berwick, Pa. – Cheetah Chassis Corporation
In June 2006, Cheetah Chassis notified EPA that it had failed to submit toxic chemical release inventory forms for xylene at its facility for 2000, 2001, 2002 and again in 2004. The company makes steel frames with wheels and tires to carry shipping containers. Cheetah has now filed the correct reports. The total civil penalty of $77,905 for these violations has been waived.
In June 2006, PolyOne, a polymer services company, disclosed that it had failed to submit a toxic release inventory form for barium compounds for 2004. Since PolyOne satisfied all of the conditions of EPA’s self-disclosure policy, the $21,922 penalty for these violations has been waived.
In a self-disclosure provided by Novozymes Biologicals Inc. in November 2005, the company reported potential violations at seven of its facilities located throughout
EPA’s audit policy is posted at http://www.epa.gov/region3/audits/. For information on audits and compliance assistance, go to: http://www.epa.gov/compliance/incentives/index.html.
For information on environmental management systems see http://www.epa.gov/ems/
