How EPA's Audit Policy Can Benefit Compliance Focused Businesses

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.

The US Environmental Protection Agency's (EPA) Audit Policy remains a powerful compliance tool available to regulated entities. General contours of the policy are summarized here. First introduced in the mid‑1990s, the Policy offers substantial enforcement relief for companies that voluntarily discover, disclose, and correct environmental violations. Understanding the Policy's mechanics and benefits is essential for strategic environmental risk management, especially under the current Administration.

The recently announced "Compliance First" framework emphasizes the continued importance of the Audit Policy. (See here.) EPA's "Compliance First" framework emphasizes swift compliance under the "best reading" of law, increased coordination with states, and narrower injunctive relief. These