United States
                      Environmental Protection Agency
                             Office of Enforcement and
                             Compliance Assurance (2248A)
                                                                                 EPA 300-N-99-020
            AUDIT  POLICY  UPDATE
  Volume 4, Number 2   *Special Issue*    Office of Regulatory Enforcement
                                                  September 2000 (Revised)
                 Corporate-Wide Audit Agreements:
       An  Effective Approach for  Companies to Improve
                         Environmental Compliance
      The  U.S.  Environmental
      Protection  Agency (EPA)
      encourages companies with
multiple facilities to take advantage of
the Agency's Audit Policy (Incentives
for   Self-Policing:   Discovery,
Disclosure, Correction and Prevention
of Violations, 60 Fed. Reg. 66706 (Dec.
22, 1995)) to conduct corporate-wide
audits and  develop corporate-wide
compliance systems. The Audit Policy
eliminates gravity-based
penalties for companies  ^^^^^^m
that voluntarily discover,
promptly disclose and
expeditiously correct
violations  of federal
environmental law.
               Recently,  EPA  and  a major
            manufacturer entered into a voluntary
            agreement   under   which  the
            manufacturer will audit, disclose and
            correct any violation of Clean Air Act
            New Source Review (NSR) standards
            at 40 facilities.
               This agreement potentially involves
            the correction of Clean Air Act
            applicability determinations made years
            ago by a previous owner. Without this
   During the past 18
months,   EPA  has
negotiated corporate-
wide agreements with companies to
audit and correct violations of federal
PCB requirements at natural  gas
facilities, emergency notification and
spill prevention requirements at 17
telecommunication companies, Clean
Air Act federal fuel standards at a major
airline, and Toxic Substances Control
Act (TSCA) violations at two major
chemical  companies.
U.S. EPA and a major manufacturer recently entered into a
 voluntary agreement under which the manufacturer will
 audit, disclose and correct any violation of Clean Air Act
   New Source Review (NSR) standards at 40 facilities.
for  the  audit,  disclosures  and
compliance, and provides for a
nationwide settlement at the audit's
conclusion.
  This is a landmark agreement
because of the amount of resources
committed to conduct the audit and
correct violations, and the potential
environmental benefits  that will result
from correction of any  violations.
  The audit agreement allows for the
          efficiencies of analyzing
          similar processes and
          resolving all violations at
          one  time, in addition to
          the benefits gained from
          EPA and the company
          working together to
          bring 40 facilities into
          compliance.
     See   Page   2  for
   information on how to
   develop  an   auditing
   agreement with EPA.
            agreement, such errors in applicability
            determinations would potentially expose
            the new owner to the extensive and
            unpredictable costs associated with an
            enforcement action. The agreement
            establishes a three-year commitment by
            the company to audit its facilities at a
            cost of more than $2,000,000, and
            highlights the value of corporate-wide
            agreements  in  the  context  of
            acquisitions.
              The audit itself involves a detailed
            review and analysis of whether any
            changes at the facilities triggered NSR
            requirements, including BACT/LAER
            and air quality impact analysis/offsets.
            The agreement establishes a schedule
Benefits of Corporate
Auditing Agreements
   Corporate auditing agreements are
proving to be effective mechanisms to
resolve a broad range and number of
corporate-wide violations discovered
during environmental audits. These
agreements are an optimal compliance
tool for companies with facilities located
in more than one EPA Region to ensure
that the  disclosures are processed on
the same schedule and with one point
of contact  in the  Agency. These
agreements allow companies to plan a
corporate-wide audit with an advanced
              Continued Page 2
           This newsletter can be found on the Internet at http://www.epa.gov/oeca/ore/auditupd.html

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   SPECIAL ISSUE
     AUDIT POLICY UPDATE
               SPECIAL ISSUE
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understanding between the company
and EPA regarding schedules for
conducting the  audit and disclosing
violations beyond the current 10-day
disclosure requirement for single-
facility disclosures.
    For  companies, this approach
provides the opportunity to evaluate
corporate practices and environmental
compliance without the stigma of an
enforcement action, and removes the
uncertainty and cost of litigation,
attorneys' fees and sanctions for
violations. An  agreement provides
companies  with  assurance  that
violations disclosed over an extended
schedule will meet EPA's expectations
for timely disclosure. This approach
also can provide an opportunity for
companies to design and implement
practices    that     incorporate
environmental  compliance  into
corporate  operations. For  EPA,
corporate auditing agreements provide
an efficient and  economical means of
improving and ensuring environmental
compliance.

How to Develop a
Corporate Audit
Agreement
    Companies interested in conducting
an auditing agreement  should contact
their EPA Regional office for the area
in which the facilities are located or, in
the case of multi-Regional facilities,
contact Leslie Jones at EPA's Office
of  Regulatory Enforcement,  at
(202)   564-5123   or   Email:
jones.leslie@epa.gov. For companies
       Corporate audit
   agreements: EPA and the
  company can  reach mutually
  acceptable terms regarding
       schedules for audit
     commencement and
     completion, and a final
       disclosure report.
unsure whether an auditing agreement
best suits their needs, they may, for a
limited time, engage in an anonymous
dialogue for the purpose of exploring
potential terms of an agreement.
   Corporate auditing agreements are
designed  to address potentially high-
volume  disclosures.   The  audits
addressed in an agreement can range
from  ones  that  address a specific
regulatory requirement to those that
involve a comprehensive multi-media
review. EPA will require that an
auditing agreement be in writing and
that the facilities to be audited be
identified. Based on the breadth and
complexity of the audit,  EPA and the
company  can  reach  mutually
acceptable terms regarding schedules
for  audit   commencement  and
completion, and a final disclosure
report. All agreements are expected to
have  a  schedule  for  violation
corrections  and to define injunctive
relief. The company and EPA can also
define in advance economic benefit for
certain   violation  types  (where
applicable) and violations ineligible for
relief. Such definitions provide the
company  with advanced knowledge of
potential statutory penalties for specific
violation types. In developing schedules
and the parameters  of a  corporate
auditing agreement, EPA strives to treat
competitors similarly.
   In developing an auditing agreement,
EPA will coordinate with EPA Regions
to ensure that the proposed facilities are
not ineligible for the Audit  Policy due
to an ongoing enforcement action  or
any inspection that might occur during
the audit period. In all cases, however,
companies  that  are  subject of a
corporate-wide investigation by EPA are
ineligible for Audit Policy relief. EPA will
coordinate   an   expedited   and
comprehensive  resolution  of all
disclosures. For violations involving a
state-approved program,  EPA will
notify the state of the  disclosure.
   EPA understands that, as with most
enforcement actions, confidentiality is
important to companies.  EPA will
protect   settlement   discussions
associated with the audit, and findings
conducted and disclosed under an
agreement,  consistent with  EPA's
handling of enforcement matters and
EPA's "Confidentiality and Information
Received  Under  Agency's  Self-
Disclosure Policy" (1997). Typically,
disclosures and related documents are
withheld from public release until such
time  as the Agency  and the self-
discloser have formally settled the case.
   Seepage 3 for a list of Audit Policy
information documents found on
EPA's Website.
                                         AUDIT POLICY UPDATE
  The Audit Policy Update is published periodically for the Assistant Administrator for Enforcement and Compliance
  Assurance by the Office of Regulatory Enforcement. The newsletter is intended to provide information to the public and
  regulated communities regarding developments under the EPA Audit Policy. Editor: Virginia Bueno, (202) 564-8684. Email:
  bueno.virginia@epa.gov.  Co-Editor: Leslie A. Jones, (202), 564-5123; Email: jones.leslie@epa.gov. Change of addresser
  subscription requests should be sent to the editor. Reproduction and wide dissemination of the newsletter is highly
  encouraged.
                                               SEPTEMBER 2000
                                                            Page 2

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SPECIAL ISSUE
AUDIT POLICY UPDATE
SPECIAL ISSUE
         Audit Policy Internet Resources
         Audit Policy Support Documents
         http://www.epa.gov/oeca/ore/apolguid.html

         Audit Policy: Incentives for Self-Policing
         http://www.epa.gov/oeca/auditpol.html

         Audit Policy Interpretive Guidance (Questions and Answers)
         http://www.epa.gov/oeca/audpolguid.pdf

         'Audit Policy Update' (Newsletter)
         http://www.epa.gov/oeca/ore/auditupd.html

         Confidentiality of Information Received Under Agency's Self-Disclosure
         Policy
         http://www.epa.gov/oeca/sahmemo.html

         Memorandum-Subject: Implementation of the Environmental Protection
         Agency's Self-Policing Policy for Disclosures Involving Potential Criminal
         Violations
         http://www.epa.gov/oeca/oceft/audpol2.html

         Policy on Compliance Incentives For Small Businesses
         http://www.epa.gov/oeca/smbusi.html

         Memorandum-Subject: Reduced Penalties for Disclosures of Certain
         Clean Air Act Violations
         http://www.epa.gov/oeca/ore/caa-tit.pdf

         Optional Form for Disclosure Submittal
         http://www.epa.gov/oeca/ore/checklist.pdf

         Audit Policy Evaluation
         http://www.epa.gov/oeca/oppa/ape.htm

         'Enforcement Alert' (Newsletter)
         http://www.epa.gov/oeca/ore/enfalert
                                  SEPTEMBER 2000
                                           Page 3

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United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2248A)
Washington, D.C. 20460

Official  Business
Penalty  for Private Use $300

Audit Policy Update

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