Date Signed: March 25, 1988

SUBJECT:   Policy on Publicizing Enforcement Activities

FROM:      John R. Trax, Chief (signed by John Trax)
             Drinking Water Branch

TO:          Drinking Water Branch Chiefs
             Regions I - X

       The issue of publicizing our enforcement activities has been discussed on many
occasions. Due to the importance of such an effort, you and your staffs have requested that we
provide you with Agency guidance on the subject. This memorandum transmits to you the
Agency policy on publicizing enforcement activities.

       The memorandum entitled "Policy on Publicizing Enforcement Activities" dated
November 12, 1985, and signed by both the Assistant Administrator for Enforcement and
Compliance Monitoring and the Assistant Administrator for External Affairs clearly states EPA's
policy. Briefly, EPA's policy is that publicity of enforcement activities is a key element in the
Agency's program to deter noncompliance with environmental laws and regulations and that
timely publicity keeps both the public and the regulated community informed about EPA's efforts
to promote compliance. The document attached to the November 12,  1985, memorandum
discussed this policy and its implementation in detail, giving guidance on when to issue press
releases, their content, their distribution, and coordination with headquarters, the Offices of
Public Affairs, the Department of Justice, and the States.

       A major point of the policy guidance and also the subject of a separate memorandum
from the Deputy Administrator (copy attached) is that EPA should not agree to a settlement
which either bars a press release or which restricts its content. Please be aware of this policy as
you proceed with enforcement settlement negotiations.

       To assist you in your efforts in this area, I have attached a copy of a press release which
Region IX recently issued concerning its receipt of a preliminary injunction in a civil case. I feel
that this press release was well done and could be used by other Regions as a model.

       I hope that you and your staff find the attached guidance and sample helpful. If you or
your staff have any questions on this matter, please contact Betsy Devlin on my staff at FTS 332-


cc:     PWS Enforcement Coordinators
       Carl Reeverts
       Paul Baltay