Audit Defense
Precision Over Promises™
When EPA shows up at your gate — or you suspect they soon will — the next 72 hours determine the next several years. We help you prepare, respond, and resolve.
What an EPA Inspection Actually Looks Like
EPA inspections come in three flavors. Routine compliance evaluations are scheduled at intervals defined by the agency's targeting. Investigation-driven inspections follow a complaint, a tip, a satellite detection under the Super Emitter Response Program, or a referral from a state agency. Follow-up inspections verify corrective actions after a previous finding. The protocol is similar across all three; the stakes are different.
The inspector arrives with credentials, presents them, and is entitled to entry. They will request the LDAR plan, monitoring database, calibration logs, repair records, semiannual reports, and training documentation. They will walk the unit. They may conduct their own Method 21 or OGI monitoring. They will issue a closing conference summary and follow up with a written report — which may include findings, observations, or in the worst case a Notice of Violation.
Is not how clean the unit is. It is how organized the records are. We have seen pristine units cited for documentation gaps and ugly units pass cleanly because every record was where it should be.
How We Support You
Three phases. Engage us in any of them — though earlier is dramatically better.
Before
Mock inspection. We run the inspection EPA hasn't scheduled yet, using the same protocols, the same document requests, the same line of questioning.
Records audit. Every required document mapped against your file system. Gaps identified before an inspector finds them.
Inspection readiness training. Your team rehearses the opening conference, the document handoff, the walk-down, and the closing conference.
During
Real-time support. Direct phone access throughout the inspection. We coach in the moment on document requests, question framing, and what to volunteer versus what to wait to be asked.
Parallel documentation. A contemporaneous record of every request, every response, every observation. This document becomes essential in the weeks that follow.
Closing conference attendance. Where permitted, we attend with your team to ensure findings are heard correctly and responded to in the moment.
After
Response strategy. Inspector reports arrive 30 to 90 days post-visit. We work with your counsel to craft the written response — what to concede, what to contest, what to commit to.
Notice of Violation handling. If an NOV issues, we support the response timeline, root cause work, and corrective action plan that ideally resolves the matter without escalation.
Penalty mitigation. When penalties are proposed, we support the technical case for reduction based on demonstrated corrective action, ability to pay, and economic benefit analysis.
If EPA Arrives Today: The First 4 Hours
Print this. Hand it to your gate. The opening hours of an inspection set the tone for everything that follows.
Verify credentials. Notify counsel and EHS.
Confirm inspector identity and authority. Call your environmental counsel and EHS leadership within the first 15 minutes. Do not delay entry to a credentialed inspector — that itself is a citation.
Opening conference. Take notes from the first sentence.
Designated note-taker present. Capture the stated scope, the records requested, and any timeline given. Two people from your team at minimum. Be professional and cooperative.
Document production. Originals stay; copies go.
Produce requested documents promptly. Maintain a contemporaneous log of every document provided. Inspector receives copies; you retain originals. If a document doesn't exist, say so plainly — do not improvise.
The walk-down. Accompany throughout.
Knowledgeable personnel accompany the inspector at all times. Note every observation made, every photo taken, every component examined. If the inspector takes their own monitoring readings, document the location, instrument, and reading observed.
Answer what is asked. Do not volunteer more.
Truthful, narrow, and accurate answers. If you don't know, say so — promising to follow up is better than guessing. Speculation becomes part of the record.
Closing conference. Hear every finding clearly.
Ask the inspector to articulate every finding or area of concern. Take notes. Ask clarifying questions. Do not argue. Thank them, walk them to the gate, and immediately convene with your team to debrief while memory is fresh.
Honest Answers
Can we refuse entry?
Generally no, for credentialed EPA inspectors with statutory authority. Refusal of entry without legal justification is itself a violation and triggers warrants in most cases. The appropriate response is full cooperation paired with disciplined record-keeping and legal counsel involvement.
Should our attorney be present during the inspection?
Counsel should be informed and available by phone immediately. Whether counsel should be physically present depends on the nature of the inspection and the relationship with the inspector. In some contexts, counsel presence is welcomed; in others it signals adversariness that changes the tone. This is a judgment call best made with experienced environmental counsel.
What if the inspector asks for documents we can't produce immediately?
Acknowledge the request, commit to a reasonable timeline for production, and document the commitment. Most inspectors will accept follow-up production within a defined window. Failing to produce required records during the inspection is one thing; failing to produce them on follow-up is something more serious.
How long after the inspection until we hear something?
Inspector reports typically issue 30 to 90 days after the visit. Significant findings can take longer as they work through internal review. Use this window productively: address findings raised in the closing conference, document corrective actions, and prepare a coherent response strategy.
A Notice of Violation arrived. Are we headed to a consent decree?
Not necessarily. NOVs run a spectrum from administrative actions resolved with a corrective action plan and modest penalty, through agreed-upon orders, up to civil judicial actions and consent decrees. Most NOVs resolve well below the worst case. The response strategy in the first 60 days after NOV issuance heavily influences the trajectory.
We think we've discovered a violation internally. What should we do?
Get counsel involved before launching any internal investigation. EPA's Audit Policy allows substantial penalty reduction for voluntary disclosure under specific conditions — but only when done correctly and on the right timeline. An uncoordinated internal investigation can compromise both privilege and the eligibility for audit policy benefits.
Does this only apply to LDAR?
No. Our audit defense work covers air permitting, Title V, NSPS, NESHAP, and the LDAR programs that often sit at the center of broader compliance reviews. The principles are the same across programs; the technical content varies.
Inspection on the Calendar? Or Just Worried One Might Be?
A mock inspection takes 2-3 days and dramatically changes what an actual inspection looks like. Worth the conversation regardless of whether an inspection is currently on the calendar.