"Compliance First": What EPA's Updated Priorities Mean For Industry

What Happened

On December 5, the U.S. Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance (OECA) issued a Memorandum emphasizing a "compliance first" policy in all existing and future compliance and enforcement matters. A summary of the Memorandum follows our analysis.

What Does the Memorandum Do?

The Memorandum directs EPA civil enforcement staff to prioritize compliance over prolonged negotiations, with early compliance emphasized while leaving the Superfund early action approach unchanged. The Memorandum outlines six guiding factors: (1) use of a compliance assistance toolkit (outreach, training, "find and fix" self-audits) to encourage voluntary compliance; (2) coordination with state partners to ensure consistency and allow states to join civil judicial actions; (3) open communication to avoid duplication and build trust with regulated entities; (4) clear, nationally consistent findings of violation based on the "best