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What Is The Penalty If EPA Conducts An Enforcement Action Against Your Facility?
The EPCRA Section 313 Enforcement Response Policy ("ERP") (PDF)* (30 pp, 1.5M) provides guidance on assessing penalties for violations of the Toxics Release Inventory requirements. This document details the kinds of violations for which a facility can be penalized, how the penalty is calculated once violations have been determined, and circumstances that may allow the penalty to be decreased.
Penalties may be assessed for the following violations:
- Failure to report in a timely manner**
- Data quality errors
- Failure to supply notification and incomplete or inaccurate supplier notification (for chemical suppliers)
- Failure to maintain records
** The penalties for Form R reports that are submitted after the July 1 due date but before July 1 of the following year are assessed a per day penalty for every day that they are late. This penalty is lower than the penalty for Form R reports that are submitted over one year late. Consequently, if you discover that you are out of compliance, it is important to submit the Form R report for each toxic chemical as soon as possible.