Occasionally, defendants/respondents make changes to their compliance status as a result of EPA referring a matter to Department of Justice and initiating negotiations. Sometimes the referral may ultimately be withdrawn or the matter not pursued. When one of these scenarios occurs EPA can indirectly achieve positive outcomes which may not be reflected in a formal enforcement action.
EPA will not take credit for any outcomes resulting from a referral that was ultimately withdrawn. It may be that the company makes needed correction during the negotiation process but because EPA does not have a formal enforcement conclusion we can not take credit for the outcomes.
In order to obtain credit for outcomes from a formal enforcement action there must be an initiation (i.e., usually a filed complaint) and a conclusion (e.g., a final order, consent decree, consent agreement). All the outcomes data can be entered into ICIS under the final order screen only if there is in fact a formal, conclusion.