Five Pennsylvania companies and organizations that voluntarily disclosed and corrected environmental violations had penalties waived by the U. S. Environmental Protection Agency, the result of an EPA policy that has been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance.

These recent ‘self-audit’ cases handled by EPA’s mid-Atlantic regional office had potential penalties ranging from $1,000 to about $764,000 for environmental violations that the agency determined caused no harm to human health or the environment.

Altogether, the eight companies located in Pennsylvania, Maryland and Virginia avoided about $1.2 million in fines.

“EPA wants to acknowledge companies that make a concerted effort to protect the environment,” said Donald S. Welsh, EPA’s mid-Atlantic regional administrator. “Promptly disclosing violations, correcting them, and acting to prevent future problems is the responsible thing to do.”

EPA’s audit policy can cover most regulatory requirements under the agency’s environmental statutes, such as reporting on using or storing toxic chemicals, proper record keeping, oil spill prevention measures, and notifying residential tenants about the presence oflead-based paint.

In the cases announced this week, each company discovered its potential violations during an environmental compliance audit and reported these violations to EPA. Because the companies satisfied all of the conditions of EPA’ self-disclosure policy and the amount of economic benefits gained were insignificant, EPA waived potential penalties.

In self-audit cases, EPA determines if a company qualifies for a penalty waiver under the agency’s audit policy, which substantially reduces, and often eliminates, penalties for a company that takes action to report and correct violations. The policy excludes criminal acts, violations resulting in significant harm to public health or the environment, or violations that economically benefit the company.

The companies and organizations from Pennsylvania include:

· Widener University School of Law Harrisburg Campus, Harrisburg, Pa. -- In March 2004, Widener University self-reported violations to EPA under three environmental statutes. EPA found three violations - - non-compliance with three requirements for managing waste. A $1,650 penalty was waived. EPA has made additional efforts to encourage compliance and self-disclosure in an agreement with the Association of Independent Colleges and Universities of Pennsylvania.

· Waynesburg College, Waynesburg, Pa. -- Waynesburg College self-disclosed violations under five statutes. Violations were found for failure to notify tenants about the presence of lead-based paint, not following the proper procedures for managing hazardous waste, and failure to follow necessary oil spill prevention requirements. The corrections have been made. Through an agreement with the Association of Independent Colleges and Universities of Pennsylvania, EPA encourages compliance and self-disclosure of violations at college facilities and campuses. As a participant under that agreement and due to EPA’s self-audit policy, Waynesburg College received a $74,524 penalty waiver.

· Cheetah Chassis Corporation, Berwick, Pa. -- In June 2006, Cheetah Chassis notified EPA that it had failed to submit toxic chemical release inventory forms for xylene at its facility for 2000, 2001, 2002 and again in 2004. The company makes steel frames with wheels and tires to carry shipping containers. Cheetah has now filed the correct reports. The total civil penalty of $77,905 for these violations has been waived.

· PolyOne Corporation, Bethlehem, Pa.-- In June 2006, PolyOne, a polymer services company, disclosed that it had failed to submit a toxic release inventory form for barium compounds for 2004. Since PolyOne satisfied all of the conditions of EPA’s self-disclosure policy the $21,922 penalty for these violations has been waived.

· National Railroad Passenger Corporation (Amtrak), Morrisville, Pa. - Amtrak self-disclosed and cited a violation of the Clean Water Act as amended by the Oil Pollution Act designed to prevent oil spills at its Morrisville maintenance facility. Under the EPA audit policy, the $1,000 penalty was waived.

For more information, visit the EPA Voluntary Audit webpage and for tools on how to conduct audits see: The Environmental Self-Audit for Small Businesses and DEP’s Environmental Compliance Audit Policy.

10/27/2006