Superfund Citizen Awards for Criminal Violation Information

The Superfund Citizen Awards program — codified at 40 CFR Part 303 — authorizes EPA to pay up to $10,000 from the Superfund to any individual who provides information that leads to the arrest and conviction of a person for certain criminal violations under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act). The program is a narrow but targeted whistleblower incentive: it covers only two specific criminal acts — failing to report hazardous substance releases and destroying required records — both of which undermine EPA's ability to respond to environmental emergencies.

Current Rule (2026)

What This Rule Does

40 CFR Part 303 implements the "citizen award" authority added to CERCLA by the Superfund Amendments and Reauthorization Act of 1986 (SARA). The program is specifically limited to information leading to criminal prosecutions and convictions — not civil enforcement actions. Because CERCLA requires facility operators to immediately notify the National Response Center when they release a hazardous substance exceeding the reportable quantity (RQ), failure to make that call — especially after a significant spill — can allow contamination to spread before emergency responders arrive. Similarly, destroying records required under CERCLA can obstruct EPA's ability to assess liability and cleanup costs.

Key Provisions

• § 303.10 — Purpose: implements CERCLA § 109(c) and Executive Order 12580 (Jan. 23, 1987); EPA is empowered to pay up to $10,000 from the Superfund for information leading to arrest and conviction for covered criminal violations
• § 303.11 — Definitions: "arrest" means restraint of liberty or service of judicial process compelling response to criminal accusation; "conviction" means a judgment of guilt in U.S. District Court (verdict or guilty plea, including nolo contendere); "individual" means a natural person — corporations cannot be informants for purposes of this award
• § 303.12 — Criminal violations covered: (a) failure to give required notice of a release of a reportable quantity of a hazardous substance (42 U.S.C. § 9603(a)); and (b) destruction or concealment of records required under CERCLA to have been retained (42 U.S.C. § 9603(d))
• § 303.20 — Eligibility: any individual may file a claim except: (1) law enforcement officers; (2) persons convicted in the case giving rise to the award claim; (3) EPA employees or contractors at the time they came into possession of the information; informant must have disclosed the identity of criminally culpable person(s) to an EPA employee, agent, or representative
• § 303.21 — Determination of eligibility: EPA's determinations on eligibility and award amount are final agency action; determinations are not subject to administrative challenge by any person not making a claim to that award; the agency notes that such determinations also would not be subject to judicial challenge
• § 303.30 — Criteria for payment of award: relevant factors EPA considers include (a) whether the information was the initial, unsolicited notice to the government; (b) whether the government would have obtained the knowledge absent the tip; (c) importance of the case and potential for environmental harm; (d) concealment of the violator or existence of a criminal conspiracy; (e) willingness of the informant to assist the prosecution by providing testimony
• § 303.31 — Confidentiality: informant identity is protected from disclosure; no person not authorized by EPA may be given access to the identity of a confidential informant
• § 303.32 — Pre-payment offers: no government employee is authorized to promise or offer an award in exchange for information before the investigation is complete and the award determination made
• § 303.33 — Filing a claim: informant must file with EPA's Office of Criminal Enforcement Counsel within 45 days after conviction; the submission must summarize the information provided, the date it was provided, and the name of the EPA official to whom it was provided

How It Affects You

Potential informants — if you have knowledge that someone failed to report a significant hazardous chemical release or destroyed CERCLA compliance records, you can tip off EPA and be eligible for up to $10,000 if your information leads to a conviction. Your identity can be kept confidential throughout the process.

Environmental attorneys and compliance professionals should be aware that this program exists as one of several CERCLA enforcement mechanisms; it complements EPA's criminal enforcement program, which can also prosecute under CWA § 309(c) for knowing violations.

Businesses subject to CERCLA — the citizen award program creates an incentive for employees, contractors, and others with knowledge of unreported releases to come forward; maintaining robust CERCLA reporting and recordkeeping compliance reduces this exposure.

Legal Authority

• 42 U.S.C. § 9609(d) (CERCLA § 109(d)) — Authorizes EPA to pay rewards up to $10,000 per conviction to individuals providing information leading to arrest and conviction for CERCLA criminal violations; funds paid from the Hazardous Substance Superfund
• 40 CFR Part 303 — EPA implementing regulations for the Superfund Citizen Awards program; establishes eligibility, claim procedures, documentation requirements, and award calculation

Key Mechanics

40 CFR Part 303 implements the Superfund citizen award authority added by the Superfund Amendments and Reauthorization Act of 1986 (SARA). The program pays up to $10,000 per conviction from the Hazardous Substance Superfund to informants whose tips lead to criminal prosecution and conviction — civil enforcement actions do not qualify. Covered violations are narrowly defined: (1) failure to notify EPA's National Response Center of a hazardous substance release that exceeds the reportable quantity (RQ) — operators have an immediate notification obligation after releases; delay or failure to report allows contamination to spread before emergency responders can act; (2) destruction or concealment of records required to be maintained under CERCLA — obstruction that undermines EPA's ability to assess liability and cleanup costs. Claim mechanics: the informant must file a written claim within 45 days after conviction of the person identified in the tip; claims must include the informant's name and address, identification of the convicted person, and documentation of the conviction; EPA reviews and approves or denies claims based on the substantiality of the information's contribution to the conviction. The $10,000 cap has not been adjusted for inflation since the 1986 SARA enactment.

Statutory Authority

This rule implements:

• 42 U.S.C. § 9609(d) (CERCLA § 109(d)) — authorizes EPA to pay rewards up to $10,000 to individuals providing information leading to arrest and conviction for CERCLA criminal violations; funds paid from the Hazardous Substance Superfund

Recent Rulemakings

No major amendments since the original 1987 promulgation implementing SARA's citizen award authority. The $10,000 cap has not been adjusted for inflation since enactment.

Pending Action

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