EPA's civil enforcement program is designed to conduct investigations and bring cases to address the most significant violations. Civil enforcement includes EPA administrative actions and judicial cases referred to the Department of Justice. EPA works closely with states to implement federal programs, as well as with tribes and federal agencies. EPA also provides information on civil enforcement related to enforcement programs and federal facilities enforcement.
Individuals applying pesticides must do so in a manner not only consistent with federal laws, but also consistent with state laws and regulations which differ from state to state. In general, states have primary authority for compliance monitoring and enforcing against use of pesticides in violation of the labeling requirements. Additionally, the agency with primary responsibility for pesticides differs from state to state. Usually it is a state's department of agriculture, but may be a state's environmental agency or other agency.
Pesticide-specific civil enforcement information is provided below.
- Background on Enforcement
- FIFRA Enforcement Alerts
- FIFRA Enforcement
- Federal Facilities
- More Enforcement Information from EPA
- Regional, State, and Tribal Enforcement Information
Key concepts that provide a foundation for EPAs civil enforcement program include:
- Deterring Violations by Recovering Economic Benefit. In general, the Agency seeks to recover the economic benefit of violations by, for example, assuring that the value of a penalty offsets any gain realized by postponing the cost of building or operating a pollution control system. This concept protects the level playing field for law-abiding companies, is reflected in federal statutes, has been upheld in federal courts, and is endorsed by the U.S. General Accounting Office.
- Encouraging Voluntary Self-Disclosure and Correction. In the long-term, the Agencys goal is to promote continuous compliance. EPAs audit policy reduces and in some cases eliminates penalties for companies that take the initiative to self-report and self-correct violations.
- Measuring Environmental Results. Scarce federal resources should be focused on achieving the greatest environmental results from each enforcement action. EPA has been reporting the concrete reduction in pollution and other benefits from its actions since 1996. Summary statistics of these environmental measures are available.
- Supplemental Environmental Projects. To obtain the greatest possible environmental benefits, EPA will substantially reduce penalties in exchange for pollution prevention or control projects that go beyond minimum legal requirements. These supplemental environmental projects often return tangible benefits to local communities in the form of wetlands enhancement, reduced levels of lead or other contaminants, and better response to emergencies.
EPA regulates pesticides primarily under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This statute regulates the sale and distribution of pesticides in commerce. Public health emphasized programs available through EPA include ensuring the effectiveness of antimicrobial pesticides, protecting agricultural workers, and ensuring the labeling, registration and composition of pesticides. States have primacy in enforcing pesticide use (i.e., misuse of pesticides).
- FIFRA, FQPA, and Other Regulatory and Legislative Information
Enforcement Environmental Results
Case examples of achievements and improvements to the environment resulting from enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Enforcement Alert is an informational newsletter published by EPA's Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance. Enforcement Alert is intended to inform and educate the public and regulated community of important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each newsletter should help the regulated community anticipate and prevent violations of federal environmental laws and applicable regulations that could otherwise lead to enforcement action. In addition to highlighting important issues, trends, and enforcement actions, each issue provides the reader with links to useful EPA and other relevant Web sites to learn more about the issue, laws, and regulations addressed.
EPA provides information on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) including Statutes, Regulations, and Enforcement; Enforcement Programs and Priorities; and Enforcement Environmental Results.
EPA ensures that Federal agencies comply with environmental requirements in the same manner and extent as privately-owned facilities. The Federal Facilities Enforcement Office (FFEO) and the Regions regularly analyze compliance and enforcement data, monitor Federal agency compliance, negotiate and issue compliance orders and agreements, assess fines, and develop Federal agency enforcement and compliance policy and guidance.
- EPA Federal Facilities site
- Federal Facilities Reporting - Overviews and Accomplishments
- Environmental Appeals Board Decisions including FIFRA Decisions
- Regional Presiding and Judicial Officer Decisions (FIFRA)
- Administrative Law Judge Decisions
- End of Year Reports
- Accomplishment Reports
- National Enforcement Trends
- Measurement Tools
- EPA Region 1 (CT, MA, ME, RI, NH, VT)
- EPA Region 3 (DC, DE, MD, PA, VA,WV)
- EPA Region 4 (AL, FL, GA, KY, MS, NC, SC, TN)
- EPA Region 5 (IL, IN, MI, MN, OH, WI)
FIFRA Enforcement Action Database - 2002 2001 2000 1999
- EPA Region 8 (CO, MT, ND, SD, UT, WY)
- EPA Region 10 (AK, ID, OR, WA)
State Enforcement Programs