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:
mericans have tiie right to air that is clean, water that is safe to
drink, food that is free from dangerous pesticides residues, and
communities that are free of hazardous wastes.
The Environmental Protection Agency (EPA) helps protect these
.rights, fairly and effectively enforcing federal environmental laws, such
as the Clean Air Act, Clean Water Act, Safe Drinking Water Act^Eeliburce
^Conservation and Recovery Act,rdfid Toxic Subsiances.QontrQlActj against
those who violate them. If'the Agency believes that anlridividual or
company has failed to comply with environmental laws, EPA, working
with state",- local or tribaj gj)ye;rjQnents>Jnay'respond jtfa numbier^of w^ys
to bring about compliance. Responses range from a warning letter to filing
a lawsuit in federal court.
As part of an enforcement settlement, a violator voluntarily may
agree to undertake a "Supplemental Environmental Project" (SEP). A SEP
furthers EPA's goal of protecting and enhancing the public health and the
environment, and does not include the activities a violator must take to
return to compliance with the law.
This guide will explain more about Supplemental Environmental
Projects and the opportunities available for public involvement in the SEP
.'process'.'""- -' """"- - '.-"..' " ."-.."" "'-- ""*:*":; ' ;---—~ -.--
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Supplemental Environmental Project (SEP) is an environmental project
, that a violator voluntarily agrees to perform as'part of the settlement of
an enforcement action. Although the violator is not legally required to perform
a SEP, his cash penalty may be lower if he chooses to perform an acceptable
SEP. An acceptable SEP must improve, protect or reduce risks to public
health or the environment. .When a company volunteers to do a SEP, it must
show that it can and will complete the project. EPA does not manage or
control the money for the project. EPA only provides enough oversight to
ensure that the company does what it promises to do.
Because SEPs are part of an enforcement settlement, they must meet
certain legal requirements. One important requirement is that a
relationship between the SEP and the violation must exist.
For example^ a:^mpahy violatefffie Clean Water Act by discharging
polluted water'intova river. As part gf;a;settlemerit,.the company proposes
to reduce the amount of pollutants itxfiscTiarges into the river to an amount"
below what the law allows. Such a project would have the necessary
relationship betweenme projectandjh'e;:violationbecauseme;projectwill-
reduce the"harm caused by'meVfolations. In~determining whether or not
to accept a SEP, EPA will consider how the surrounding community can
benefit from the project.
Other important legal requirements must be met. For example, a
company must agree to perform a specific project by doing the work itself
or by hiring others to do the work. A company cannot simply donate
money to a charity. Donating money would not qualify as SEP.
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EPA has set out eight categories of projects that can be acceptable SEPs.
To qualify, a SEP must fit into at least one of the following categories:
A Public Health: Such SEPs may include examining residents in a
I community to determine: if anyone has experienced any health problems
because of the company's violations.
2 Pollution Prevention:, These SEPs involve changes so that the company
no longer produces some form of pollution. For example, a company may
make its operation more efficient so that it avoids making a hazardous
waste along with its product.
3 Pollution Reduction: 'These SEPs are like pollution prevention projects.
Instead of eliminating a source of pollution, these projects reduce the
amount and/or danger presented by some form of pollution, often by
providing better treatment and disposal of the pollutant.
4""""'" Environmental Restoration a^Protection: These^EPlimpfpve
the condition of the land,' air or water in the area~damagedby the violation.
For example, by purchasing land or developing conservation programs
:'; / for the land, a comp£^:cbuld:p^ "'.'.,'
Emergency Planning and Preparedness: These SEPs provide
technical assistance and training to state or local emergency planning and
response organizations to help them better respond to chemical
emergencies.
Assessments and Audits: A violating company may agree to examine
its operations to determine if it is causing any other pollution problems or
can run its operations better to avoid violations in the future. These audits
go well beyond standard business practice.
Environmental Compliance Promotion: These are SEPs in which_
the violator helps other companies achieve compliance and reduce
"pollution. For example, the violator may train other .companies on how to
comply with the law. , /J, *"
Other Types of Projects:, Qther^apceptable SEPs would be those that
have environment merit but do not fit within the categories listed above.
These types of projects must be fully consistent with all other provisions
of the SEP Policy and be approved by EPA.
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pportunities to ^Participate in.t£*
As a rule, enforcement settlement negotiations in legal actions
areconfidential. Nevertheless, in some cases, a violator who has
agreed to perform a SEP as part of a settlement may also agree to have
community input on the nature of the SEP. EPA believes that this input is
particularly valuable if the SEP affects .the community and surrounding
environment, However,-not all SEPs maf affect the community.
EPA strongly encourages .your|£ticipation in'thTsEP process
^l™lQ^l°*™^ for c°<™ity involvement is identi-
d, EPA will typically hold a public meeting. At that meeting EPA will
provide your community wi&infbrmatiotfabout SEPs and the limitations
on any proposed projects. EPA will seriously consider your views and
suggestions. In addition, in certain cases, once EPA and the violator reach
an agreement on a SEP but before it becomes legally effective, EPA will
publish the proposed settlement in the Federal Register and seek public
comment. Serious consideration is given to all comments on proposed
settlements, including comments on any SEPs.
Although SEPs are a relatively new aspect of environmental settle-
ments SEPs proposed by communities already have been adopted as part
of final settlement agreements while other SEP ideas have been modified
to accommodate community priorities.
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