Credit can be claimed for environmental benefits taken prior to concluding an enforcement action. If for example, a facility changes it's processes, which results in environmental benefits prior to concluding an enforcement action, it is appropriate to claim those environmental benefits.
Chapter 3 of the August 2004 Guide to Calculating Environmental Benefits of Enforcement Cases: FY 2005 CCDS Update provides specific instructions for filling out the Case Conclusion Data Sheet (CCDS).
Question 20 on p. 3-4 asks:
"What action did violator accomplish prior to receipt of settlement/order or will take to return to compliance or meet additional requirements (other than what has already been reported on the Inspection Conclusion Data Sheet (ICDS)). This may be due to settlement/order requirements or otherwise required by statute or regulation (e.g. actions related to an APO which did not specify compliance requirements). Where separate penalty and/or compliance orders are issued in connection w/same violation(s), report the following information for only one order."