EHS Management

eDisclosure for Audits

Under the pilot project, companies nationwide will be able to electronically self-disclose Emergency Planning and Community Right-to-Know Act (EPCRA) violations, including violations of requirements for the following:

  • Emergency notifications under section 304 and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) section 103
  • Material Safety Data Sheets (MSDS) under section 311
  • Emergency and hazardous chemical inventory forms under section 312
  • Toxic chemical release forms under section 313

In addition, EPA Region 6 States (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas) are able to use eDisclosure to self-disclose violations of any federally enforceable environmental requirements. Once the pilot project is complete and EPA has refined the eDisclosure process, the agency will decide whether to expand the full eDisclosure program nationwide.

Confidentiality

A business confidentiality claim may not be asserted with respect to any information submitted through eDisclosure. If any of the information required in a self-disclosure is confidential, the disclosure should be mailed to the appropriate EPA office.


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How to Submit an eDisclosure

The following steps must be completed to submit an eDisclosure:

  • Step 1: Register in EPA’s Central Data Exchange (CDX). Registering as a CDX user allows access to the eDisclosure form. To register, go to https://cdx.epa.gov/SSL/cdx/EPA_Home.asp.
  • Step 2: Access the eDisclosure form. Log in to CDX and indicate that you would like to make a disclosure under EPA’s Audit Policy. An e-mail with the eDisclosure form will be sent to you. You will use this form and the Processing ID contained in the e-mail to make your disclosure.
  • •Step 3: Prepare the eDisclosure by completing the form and include any necessary additional files. The form will check that your entries are complete. Some disclosures may require additional information for multiple facilities, or the submission of supplemental documents, such as written facility or corporate audit, or compliance policies and procedures to document conformance with the systematic discovery condition.

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  • Step 4: Submit the eDisclosure. Log in to CDX and upload the eDisclosure form and any additional materials from your computer. Uploading the form to CDX finalizes your submission.
  • Step 5: EPA review and resolution. The EPA Regional Office or Headquarters assigned to the disclosure will review all submitted materials and determine the appropriate enforcement response. When the office has finished its review, you will be contacted with the enforcement response. Disclosures are resolved through either a Notice of Determination for cases where no penalties are assessed, or administrative penalty orders or judicial consent decrees for cases where penalties are assessed.

What do you think? Is eDisclosure right for your company?