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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Environmental

Date & Time
  • event Date

    Tuesday, October 11, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will advise environmental counsel on current EPA policies regarding voluntary self-disclosures. The panel will discuss how the EPA will evaluate EPCRA violations versus non-EPCRA violations and screen non-EPCRA violation disclosures for significant concerns. The panel will address how to mitigate risks for companies seeking to utilize the audit policy and submit non-EPCRA violation voluntary self-disclosure.

Faculty

Pamela S. Goodwin
Partner
Saul Ewing LLP

Ms. Goodwin represents clients in the energy, oil and gas, solid waste, agriculture, and many other industries in matters involving environmental permitting, counseling, and litigation. Drawing on more than 30 years of experience, she assists with acquisition, development, and siting of pipeline landfills, power plants, solar, and wind projects. Ms. Goodwin’s understanding of the complexities of securing government approvals is informed by her own current and past connections to government. She is a member of the New Jersey Clean Water Council, which serves as an advisor to the New Jersey Department of Environmental Protection and was chair in 2012 and 2013 and vice chair from 2008-2011. Early in her career, Ms. Goodwin also served as special counsel to the Advisory Committee for Public Participation in Hazardous Waste Management in Pennsylvania, sponsored by the Pennsylvania Department of Environmental Protection. 

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Andy Emerson
Miscellaneous

Description

The EPA Office of Inspector General (OIG) recently issued a report detailing the results of an evaluation of the EPA's process for screening self-reported environmental violations made through its eDisclosure system. The OIG's office concluded that the EPA lacks the necessary internal controls to ensure breaches are disclosed and that disclosures are appropriately screened.

The EPA's Audit Policy allows companies that conduct voluntary audits to disclose violations and take corrective action to reduce penalties and mitigate incentives. In 2015 the audit policy was updated to require electronic reporting using the newly established eDisclosure portal. The eDisclosure portal receives and processes submissions under the audit policy into two categories:

  • Category 1: EPCRA violations that meet all nine of the audit policy's conditions
  • Category 2: Non-EPCRA violations and violations of EPCRA that do not meet the criteria for Category 1

The findings of the OIG's report are primarily focused on Category 2. The EPA previously stated that it would screen Category 2 disclosures for significant concerns. Companies that use the audit policy and submit a Category 2 voluntary self-disclosure are likely subject to increased scrutiny on the qualifications under the current policies and the resulting follow-up inspections by the EPA.

Listen as our expert panel discusses how the OIC guidance will likely affect the ongoing audit policy and enforcement by the EPA of non-EPCRA violations and how to mitigate risks while utilizing the audit policy.

Outline

  1. EPA OIG Report
    • History
      • 2015 eDisclosure portal
    • Audit policy
      • Categories of violations
      • Changes in enforcement
    • OIG recommendations
  2. Best practices for utilizing the audit policy

Benefits

The panel will discuss this and other key topics:

  • Why did the OIG conduct a review of the EPA's Audit Policy?
  • What are the significant recommendations from the OIG's report?
  • What are the likely resulting effects of voluntarily disclosing a Category 2 violation?
  • How best can companies making a Category 2 violation disclosure mitigate risks?