# 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 conv

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- As of: 2026-11-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Domain: government
- Category: Environment
- Page type: topic
- U.S. Code anchor: none
- Last verified: not recorded

## Article

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)

| Parameter | Value |
|-----------|-------|
| Citation | 40 CFR Part 303 |
| Issuing agency | EPA |
| Statutory authority | 42 U.S.C. § 9609 (CERCLA § 109(d)) |
| Maximum award | $10,000 per conviction (from the Superfund) |
| Covered violations | (1) Failure to notify EPA of a hazardous substance release exceeding a reportable quantity; (2) Destruction or concealment of required CERCLA records |
| Claim deadline | 45 days after conviction of the person named in the informant's tip |

## 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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## Sources
- [Superfund Citizen Awards for Criminal Violation Information on PolicyRisk](https://policyrisk.com/wiki/superfund-citizen-awards)

## Related
- [epa environmental protection](https://policyrisk.com/wiki/epa-environmental-protection)
- [superfund hazardous waste](https://policyrisk.com/wiki/superfund-hazardous-waste)

Source: PRIA, https://policyrisk.com/wiki/superfund-citizen-awards (as of 2026-11-01).