EPA Launches eDisclosure System For Automating Self-Disclosed Civil Violations

EPA recently announced it is centralizing its violation self-disclosure process in a new eDisclosure portal. Through the portal, registered users will be able to disclose routine violation and their corrections to EPA. The portal is based on EPA's "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations" policy issued in 2000 to encourage voluntary discovery, prompt disclosure and correction of violations by incentivizing the regulated community with potential penalty reductions for self-reporting.

The new portal will streamline EPA's review of noncompliance for a limited range of violations. Of note, the portal requires submission of violations within 21 days of discovery and the violations generally must be reconciled within 60 days. This reconciliation timeframe may be impractical for many violations depending on the circumstances of the facility, such as where a facility is undergoing capital improvement or a