US EPA civil penalties for violations of air, water, chemical, and hazardous waste standards increase every year. EPA assesses monetary penalties for environmental violations on a per day, per violation basis. 

Current Maximum EPA Civil Penalties

Clean Air Act	$109,024
EPCRA & CERCLA	$62,689
Clean Water Act	$59,973
Safe Drinking Water Act	$62,689
TSCA	$43,611
RCRA	$81,540
FIFRA	$21,805

^{As of January 12, 2022}

Failure to understand the scope or the details of your responsibilities under US environmental law can also result in future liability for hazardous substance cleanup under programs like Superfund. 

Criminal Enforcement
The US Department of Justice recently announced a renewed focus on environmental crimes. DOJ believes that holding individuals criminally responsible for environmental crimes is an effective way to deter noncompliance.  
 

"A genuine threat of criminal prosecution can and will change the conduct of individuals and corporations who would not be deterred by the threat of civil enforcement alone. For many of these reasons, ENRD will prioritize prosecuting individuals who commit and profit from corporate malfeasance.

Only individuals can go to jail, and we have found that criminal corporate accountability starts with accountability for individuals responsible for criminal conduct."

Todd Kim, Assistant AG 
Head of DOJ's Environmental and Natural Resources Division (ENRD)
Remarks at the ABA National Environmental Enforcement Conference (Dec. 14, 2021)

Consequences for criminal environmental violations often include astronomical financial penalties and years of incarceration.

Under the Resource Conservation and Recovery Act (RCRA) program, for example, a person who illegally treats, stores, or disposes of a hazardous waste can face 5 years in prison and a fine of $50,000 per day (42 USC § 6928(d)).  

Investors and customers today assess environmental, social, and governance (ESG) factors when they evaluate organizations that they do business with. Compliance management, environmental stewardship, and sustainability have become key market differentiators across many industries. 

EPA's environmental regulations comprise thousands of pages of operating requirements, restrictions, lists of regulated substances, reporting and recordkeeping mandates, permitting provisions, and more, all found in Title 40 of the Code of Federal Regulations (40 CFR). Overlooking a single regulatory requirement can cost hundreds of thousands of dollars in restitution, fines, and court fees and can even result in incarceration.

In addition, identifying your environmental responsibilities under the law is critical to achieve and maintain ISO 14001 Certification. Lion recommends: Complete Environmental Regulations

The EPA Enforcement Roundup is a regular feature of Lion News, the free weekly e-newsletter that delivers relevant, interesting headlines and insights for environmental, safety, and hazardous materials professionals. 

Subscribe to Lion News now to get the EPA Enforcement Roundup in your inbox regularly.