The EPA should disclose penalties in a manner that clearly indicates that they are assessed rather than collected penalties, said GAO.
The agency, as well as the Department of Justice, which helps it carry out its enforcement programs, generally agreed with GAO’s findings and recommendations.
GAO also called on the EPA to disclose time series data that are adjusted for inflation, states’ share of penalties in federal cases, as well as disclose that the monetary value of injunctive relief is based on estimates of future amounts that defendants expect to spend to achieve outcomes, as agreed in consent decrees.
When reporting other major outcome measures of civil enforcement efforts, the agency should clearly disclose that the pounds of pollution reduced represent the anticipated reduction for a one-year period at the anticipated time of compliance, said GAO.