Governing Law and Regulations
Small Business Regulatory Enforcement Fairness Act of 1996, 5 USC 601
U.S. Environmental Protection Agency (EPA) Small Business Compliance Policy, 65 Federal Register (FR) 19629
Factors in Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator, U.S. Department of Justice (DOJ) (Effective July 1, 1991)
Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations (Audit Policy), 65 FR 19617
Attorney-Client Privilege: General Provisions Governing Discovery; Duty of Disclosure, Federal Rules of Civil Procedure (FRCP) Rule 26
U.S. Environmental Protection Agency (EPA) Region 8
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Montana currently has no specific laws, regulations, or policies for providing environmental audit or penalty immunity privileges. See the national section AUDITS for more information.
Numerous states have passed environmental audit privilege laws or have created policies that provide for reduced penalties for violations discovered as a result of an environmental audit under certain circumstances. Montana's voluntary environmental audit statute expired in 2001.
• Administration and enforcement. EPA is responsible for the administration and enforcement of any environmental audit provisions in Montana.
PLAN BEFORE YOU AUDIT
Environmental audits are used to evaluate a facility's compliance status with applicable regulations, and minor violations are oftentimes discovered during the ...