ACN 005/22 - JAN 2022 ENVIRONMENTAL ENFORCEMENT ACTION REPORTING REQUIREMENTS

R 212054Z JAN 22
FM COMDT COGARD WASHINGTON DC
TO ALCOAST COMDT NOTICE
BT
UNCLAS
ACN 005/22
SSIC 5090
SUBJ: ENVIRONMENTAL ENFORCEMENT ACTION REPORTING REQUIREMENTS
A. Department of Homeland Security (DHS) Directive 023-02,
Revision #02, Environmental Compliance Program
B. DHS Instruction Manual 023-02-002-01, Revision #00,
Environmental Management Manual
1. This ACN establishes the process for the Initial, Resolution
and Closure Notification(s) of environmental enforcement actions
(EEAs) to COMDT (CG-47) in order to meet the 3-business day and
annual reporting requirements of REFs (A) and (B). The policies
and processes outlined herein will be included in the forthcoming
Environmental Enforcement Commandant Instruction (COMDTINST),
which is currently under development.
2. EEAs include any notification by the U.S. Environmental
Protection Agency or other authorized federal, state, local,
or regional environmental regulatory authority of an alleged
violation of an applicable environmental requirement.
3. Unit Commanders, Commanding Officers, Officers in Charge,
or their designee will submit email notification of all EEAs
to COMDT (CG-47) according to the following policy:
a. Initial Notification: Immediately upon receipt of the EEA;
b. Resolution Notification: Within five (5) business days of
completing correcting action to resolve the EEA; and
c. Closure Notification: Within five (5) business days of
receipt of the official EEA closure documentation.
4. An Initial EEA is any cited noncompliance (also known as an
alleged violation) where the Coast Guard has not yet completed the
necessary corrective action to resolve the noncompliance.
Resolution means that the Coast Guard has taken the necessary
corrective action to resolve the alleged violation including
payment of any civil monetary penalty. Closure of an EEA occurs
when the Coast Guard unit receives written notification from the
regulatory agency that the regulatory agency has received and
accepted the EEA resolution.
5. Coast Guard units must submit the email notifications required
in Paragraph (3) to COMDT (CG-47) via email at:
EnvironmentalCompliance@uscg.mil.
6. Notification emails required in Paragraph (3) must include the
following information:
a. Initial Notification:
i. Subject line title: "EEA Initial Notification for
[INSERT UNIT NAME];"
ii. Electronic copy of the EEA and any additional
documentation issued by the regulatory agency;
iii. Issuance date of the EEA;
iv. Issuing regulatory agency;
v. Summary of the alleged violation(s);
vi. Description of any corrective action already taken or
planned to resolve the alleged violation(s);
vii. Amount of any issued or expected monetary fines (if
unknown and/or not addressed in the initial EEA document/discussion,
indicate "TBD"); and
viii. Expected completion date of the corrective action
required to achieve resolution of the alleged violation(s) cited
in the EEA.
b. Resolution Notification:
i. Subject line title: "EEA Resolution Notification for
[INSERT UNIT NAME];"
ii. Date resolution achieved;
iii. Description of corrective action undertaken, including
other relevant information such as ongoing correspondence with the
issuing regulatory agency;
iv. Updated monetary fine/penalty dollar amount; and
v. Description of the expected, initiated or finalized
regulatory agency response, i.e., Administrative
Order/Agreements, informal enforcement, etc.
c. Closure Notification:
i. Subject line title: "EEA Closure Notification for
[INSERT UNIT NAME];"
ii. Closure date of EEA;
iii. Electronic copy of the EEA written notification of
closure; and
iv. Final dollar amount of any civil monetary penalty
assessed as a result of the EEA.
7. This message will be cancelled on 20 JAN 2023.
8. POC: Ms. Jill Giggleman, COMDT (CG-47), Jill.Giggleman@uscg.mil,
(202) 475-5692.
9. Released by RDML C. J. List, Assistant Commandant for Engineering
and Logistics (CG-4).
10. Internet release is authorized.