ALCOAST 107/24 - MAR 2024 ENVIRONMENTAL ENFORCEMENT ACTION REPORTING REQUIREMENTS

united states coast guard

R 051333Z MAR 24   MID120000944025U
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 107/24
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 ALCOAST reestablishes the process set forth in ACN 005/22
and ACN 079/23, beginning 24 FEB 2024, for the Initial, Resolution,
and Closure Notification(s) of environmental enforcement actions
(EEAs), also known as "Notices of Violations" or "NOVs", to COMDT
(CG-47). These notifications are necessary in order for COMDT
(CG-47) 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
Compliance Program Commandant Instruction 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. The following entities shall be
copied on this EEA email notification: Shore Infrastructure
Logistics Center Environmental Management Division (SILC EMD) at
SILC-EMD-MST@uscg.mil and supporting Civil Engineering Unit (CEU).
6. Notification emails required in Paragraph (3) must include the
following information:
    a. Initial Notification:
        (1) Subject line title: "EEA Initial Notification for [INSERT
UNIT NAME];"
        (2) Electronic copy of the EEA and any additional
documentation issued by the regulatory agency;
        (3) Issuance date of the EEA;
        (4) Issuing regulatory agency;
        (4) Summary of the alleged violation(s);
        (5) Description of any corrective action already taken or
planned to resolve the alleged violation(s);
        (6) Amount of any issued or expected monetary fines (if
unknown and/or not addressed in the initial EEA document/discussion,
indicate "TBD"); and
        (7) Expected completion date of the corrective action
required to achieve resolution of the alleged violation(s) cited in
the EEA.
    b. Resolution Notification:
        (1) Subject line title: "EEA Resolution Notification for
[INSERT UNIT NAME];"
        (2) Date resolution achieved;
        (3) Description of corrective action undertaken, including
other relevant information such as ongoing correspondence with the
issuing regulatory agency;
        (4) Updated monetary fine/penalty dollar amount; and
        (5) Description of the expected, initiated or finalized
regulatory agency response, i.e., Administrative Order/Agreements,
informal enforcement, etc.
    c. Closure Notification:
        (1) Subject line title: "EEA Closure Notification for [INSERT
UNIT NAME];"
        (2) Closure date of EEA;
        (3) Electronic copy of the EEA written notification of
closure; and
        (4) Final dollar amount of any civil monetary penalty assessed
as a result of the EEA.
7. This message will be cancelled on 04 MAR 2025.
8. POC: Mr. Joseph Kitko, COMDT (CG-47), Joseph.E.Kitko@uscg.mil,
(206) 815-0609.
9. RDML Amy B. Grable, Assistant Commandant for Engineering and
Logistics (CG-4), sends.
10. Internet release is authorized.