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Reporting State Outcomes from EPA's Enforcement Actions

EPA does not take federal credit for outcomes (i.e., penalties, injunctive relief, SEPs, and stipulated penalties) paid to a state via a joint U.S. - State consent decree. In terms of tracking outcomes from federal formal enforcement actions in ICIS, only federal money is to be entered into ICIS unless there is a specific data field labeled "State" such as the "State/Local Penalty Required" field. Otherwise, an ICIS user should not enter the value of any money or other results awarded to, directed to, or under the direction of a state or local government into ICIS, nor should and such money or results be combined with the value of any money or results awarded to the federal government.

 

In a specific example from FY 2008, the value of state directed mitigation projects were not counted toward the federal injunctive relief value entered into ICIS. (See American Electric Power Consent Decree, pp. 43-45, attached below.) The rationale is that because there was no federal relief obtained through the state directed mitigation projects their value could not be treated as federal relief obtained through the enforcement action.

 

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