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Published by the Office of Regulatory Enforcement. Office of Enforcement
and Compliance Assurance, U.S. Environmental Protection Agency,
Washington, D.C. 20460
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Supplemental
Environmental Projects
Americans have the 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,
Resource Conservation and Recovery Act, and Toxic Substances
Control Act, against those who violate them. If the Agency believes
that an individual or company has failed to comply with environmental
laws, EPA, working with state, local or tribal governments, may respond
in a number of ways 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 do 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 Projects
What is a
Supplemental Environmental Project?
A 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.
The Legal Requirements for a SEP
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 company violates the Clean Water Act by discharging polluted
water into a river. As part of a settlement, the company proposes to reduce the
amount of pollutants it discharges into the river to an amount below what the law
allows. Such a project would have the necessary relationship between the project
and the violation because the project will reduce the harm caused by the violations.
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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Categories of Acceptable SEPs:
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:
Public Health: Such SEPs may include examining residents in a community
to determine if anyone has experienced any health problems because of the
company's violations.
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.
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.
Environmental Restoration and Protection: These SEPs improve the
condition of the land, air or water in the area damaged by the violation. For
example, by purchasing land or developing conservation programs for the
land, a company could protect a source of drinking water.
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.
XT' 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.
7
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.
Other Types of Projects: Other acceptable 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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Supplemental Environmental Projects
Opportunities to Participate in the SEP Process?
Asa rule, enforcement settlement negotiations in legal actions are confidential.
jf"\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 may affect the
community.
EPA strongly encourages your participation in the SEP process. Once an
appropriate opportunity for community involvement is identified, EPA will typically
hold a public meeting. At that meeting, EPA will provide your community with
information about 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 settlements, 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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To Learn More About
Supplemental Environmental Projects
This booklet is a brief summary of EPA's Supplemental Environmental
Projects Policy. All projects being considered as SEPs must be consistent
with that Policy. Copies of the SEP Policy may be found at
www.epa.gov/oeca/sep. In addition, a data base of SEPs completed in
past EPA cases can be found on the Internet at: www.epa.gov/oeca/sep/
searchsep.html.
For more information, contact:
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