ECHO Notify

ECHO Notify provides information on EPA-led enforcement only for the following environmental laws:

• Clean Air Act (CAA)
• Clean Water Act (CWA)
• Resource Conservation and Recovery Act (RCRA)
• Safe Drinking Water Act (SDWA)
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
• Emergency Planning and Community Right-to-Know Act (EPCRA)
• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
• Marine Protection, Research, and Sanctuaries Act (MPRSA)
• Toxic Substances Control Act (TSCA)

Note: Enforcement information is organized at the case level.

Compliance monitoring is one of the key components EPA uses to ensure that the regulated community obeys environmental laws and regulations.  It encompasses all regulatory agency activities performed to determine whether a facility (or group of facilities, such as plants related geographically, by sector, or corporate structure) is in compliance with applicable law.  Compliance monitoring includes:

• formulation and implementation of compliance monitoring strategies
• on-site compliance monitoring: compliance inspections, evaluations, and investigations (including review of permits, data, and other documentation)
• off-site compliance monitoring: data collection, review, reporting, program coordination, oversight, and support
• inspector training, credentialing and support

Typically used to address more serious violations and may be independently enforceable, a formal action must meet all the following criteria:

1. Is issued by the regulatory agency in writing (paper or electronic) to the regulated entity,
2. Is issued as a result of a “finding of violation”, a “finding of endangerment”, or a self-disclosure, 
3. Contains a description of the legal and factual basis for the action and states with reasonable specificity the nature of the finding of violation, and for self-disclosure only, where there is a finding of violation, includes notice that the discloser has certified that the violation has been corrected (e.g., electronic Notice of Determination),
4. Is an action established by law or regulation by which the regulatory agency may itself impose or seek through a court or other tribunal, a sanction (e.g., a penalty) or injunctive relief for the identified finding of violation, obtain compliance or abate the endangerment, or use to resolve liability (e.g., FIFRA Notices of Warning, Federal Facility Compliance Agreement).

For more information please refer to the New Definitions for Key Terms for EPA's Enforcement Program Tools (PDF).

Violations of federally enforceable CAA requirements that state, local, and tribal agencies are to report to EPA according to EPA’s FRV Policy (PDF). Such violations include: 

• Violations of any emission limitation, emission standard or surrogate parameter
• Procedural violations including:
  • Failure to maintain reports and underlying records
  • Failure to timely test (e.g., performance test) or conduct valid monitoring
  • Failure to timely report (e.g., annual compliance certifications)
  • Failure to construct, install, or operate facility/equipment.

Typically used to address less serious violations, an informal action must meet all the following criteria:

1. Is issued by the regulatory agency in writing (paper or electronic) to the regulated entity,
2. Is issued as a result of a “potential finding of violation” or a finding of violation, or a self-disclosure,
3. Contains a description of the legal and factual basis for the possible action and states with reasonable specificity the nature of the potential finding of violation or finding of violation,
4. Includes either:
   1. For self-disclosures only, where there is a potential finding of violation, an acknowledgement that the discloser has certified that the violation has been corrected (i.e., Acknowledgement Letter), or 
   2. For non-self disclosures: 
      1. A statement that the regulated entity should take whatever action(s) is necessary to correct the potential finding of violation or finding of violation,
      2. A recommended reasonable timeframe for completing and/or reporting, as appropriate, either any necessary actions to correct the potential finding of violation or finding of violation expressed in specific terms (e.g., within 45 days of receipt of this action or prior to the next permit reporting deadline), or a demonstration by the recipient that there is no such violation; and 
      3. A statement describing the steps the regulatory agency “may” take or “is prepared to” take with respect to the potential finding of violation or finding of violation,
5. Is not independently enforceable,
6. Is not an action established by law or regulation by which the regulatory agency may itself impose or seek through a court or other tribunal, a sanction (e.g., a penalty) or injunctive relief for the identified violation, obtain compliance or abate the endangerment, or resolve liability

For more information please refer to the New Definitions for Key Terms for EPA's Enforcement Program Tools (PDF).

A subset of violations (CWA) or violators (RCRA) considered to pose a greater risk to human health and the environment.

For CWA, SNC designations are made in accordance with the relevant policy (PDF). Most SNC designations are based on an automated analysis of Discharge Monitoring Reports (DMRs) that permitted facilities are required to submit monthly. The compliance designation is done using a mathematical formula that takes into account the amount, duration, and frequency of discharges in comparison with permit levels. In some instances, facilities may be manually designated as SNC, even if the data system does not automatically designate them as such.

For RCRA, SNC determinations are also made in accordance with the relevant Hazardous Waste policy (PDF). A site can be designated as a SNC if any of the following are found to exist: the site has been determined to cause actual exposure or has a substantial likelihood of causing exposure to a hazardous waste or constituent; is a chronic or recalcitrant violator; or deviates substantially from the terms of a permit, order or agreement, or from RCRA statutory or regulatory requirements.