EPA Issues Updated Audit Guidance

The EPA’s Audit Policy Program provides incentives for facilities to discover, correct, and disclose violations of environmental laws.  The agency’s continued enthusiasm for the Audit Policy has, at times, been questionable.  But on February 5, 2021, the EPA posted an updated Audit Policy Program FAQs document on its website confirming that the agency continues to support voluntary environmental auditing under the Biden Administration.

The updated FAQs document replaces older guidance and includes new example questions, including those focused on use of the eDisclosure system, the online system for disclosing most violations under the policy.

For regulated entities, the EPA Audit Policy and analogous state programs are valuable tools for improving compliance and mitigating enforcement risk.  Before initiating any internal compliance assessment, companies should carefully consider the availability of audit programs and whether conducting the assessment under the auspices of such program makes sense.  In many cases, the benefits of participating in a voluntary audit program like EPA Audit Policy are significant.