Supplemental Environmental Projects

U.S. EPA uses the guidelines in the Civil Penalty Policy for assessing penalty amounts and uses the Final U.S. EPA Supplemental Environmental Projects Policy to allow for flexibility in assessing penalties. Enforcement of RCRA at federal facilities is now similar to enforcement at TSDFs, as a result of the Federal Facility Compliance Act of 1992. 

U.S. EPA, Supplemental Environmental Projects, U.S. Environmental Protection Agency, Washington, DC, 2009. Available at http //www.epa.gov/compliance/civil/seps/index.html... 

Settling companies have agreed to invest more than 5 billion in control technologies, pay civil penalties of more than 73 million, and perform supplemental environmental projects valued at approximately 67 million. 

In the context of a settlement, the EPA may allow most of a penalty to be offset by a Supplemental Environmental Project (SEP), which is a project that a company entering into a settlement can perform to benefit the environment. EPA guidances impose numerous conditions on performing a SEP, but it is always worth exploring whether a SEP can be used to offset penalties. ... 

EPA. Supplemental Environmental Projects Policy (effective May 1. 1998) [hereinafter SEP Policy], available at http //www.epa.gov/compliance/resources/policies/civil/seps/fhlsup-hermn-mem.pdf... 

Id. See also, the EPA s brochure entitled Supplemental Environmental Projects. EPA 300-B-00-007. (July 2000). 

Model Supplemental Environmental Project Consent Agreement and Order, 1999, available at http //wfWW.epa.gov/comphance/resources/poUcies/civil/seps/sepcafo.pdf. 

Supplemental Environmental Project information and guidance is available through http //cjpub.epa.gov/compliance/resources/policies/... 

A consent decree was signed by the United States, Delaware, Motiva and Premcor Rtfming Group in September 2005. Motiva paid a 12 million penalty, performed Supplemental Environmental Projects worth a total of 6.3 million, and paid 170,175 to reimburse the EPA for its cleanup costs [8]. 

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