By all indications, it looks like a busy year for the Environmental Protection Agency (EPA).  Below we look at some recent announcements by the EPA and, more specifically, their priorities for the next few years.

Climate and Environmental Justice

The two issues that are arguably guiding many, if not all, of the decisions of the Biden Administration are climate and Environmental Justice (EJ).  You will find mention of these (and increasingly, per- and polyfluoroalkyl substances [PFAS]), in nearly every environmental policy.

As the law firm Arent Fox Schiff recently wrote, “…EJ is positioned to remain a cornerstone of environmental compliance affecting all industry types and sizes for the foreseeable future.”

National Enforcement and Compliance Initiatives

On January 19, 2023, the EPA issued a News Release that states, “EPA Proposes to Add Environmental Justice, Climate Change, and PFAS to the National Enforcement and Compliance Initiatives for FY 2024-2027.”

Also stated in that Release, “Of particular importance, we have built environmental justice considerations firmly into every initiative in order to protect vulnerable and overburdened communities” (emphasis added).

While establishing these multi-year environmental priorities is certainly not new, you may have noticed something different in the title of the initiatives.

That change is the addition of the word “Enforcement.”  If your recall is really good you may remember that under the previous administration, they announced very much the opposite.  In an August 21, 2018, memo under then President Trump, the EPA announced, “Transition from National Enforcement Initiatives to National Compliance Initiatives” (See our September 18, 2018 blog).

The “Cooperative Federalism” approach used under Trump has given way to the more classic “command-and-control” approach under Biden.  Opinions vary on which approach is more effective in achieving compliance.

Four Initiatives for 2024-2027

The EPA is proposing to keep the four current initiatives that include the following:

1. Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants.
2. Reducing Risks of Accidental Releases at Industrial and Chemical Facilities.
3. Reducing Significant Non-Compliance in the National Pollutant Discharge Elimination System (NPDES) Program.
4. Reducing Non-Compliance with Drinking Water Standards at Community Water Systems.

Two Additional Initiatives Proposed

The following two initiatives were proposed in the January 19^th Release:

1. Mitigating Climate Change
2. Addressing PFAS Contamination

Further, the EPA stated they are seeking comment on whether to add “Coal Combustion Residuals (CCR) pollution and/or lead contamination” to the list.

The EPA stated that in selecting initiatives, the EPA will consider three criteria to evaluate the existing and proposed new initiatives:  (1) the need to address serious and widespread environmental issues and significant violations impacting human health and the environment, particularly in overburdened and vulnerable communities; (2) in areas where federal enforcement can help ensure national consistency, promote a level playing field and achieve compliance; and (3) alignment with the Agency’s Strategic Plan.

Compliance and Enforcement Prioritized

It appears that compliance and enforcement will be high priority issues for the EPA going forward.  Further, the emphasis will be on communities with EJ concerns.  As the EPA reported in their FY 2022 Enforcement and Compliance Accomplishments, “Over 56% of on-site inspections were at facilities affecting communities with potential environmental justice concerns, exceeding the 45% goal set for this year” (their emphasis).

Finally, it is also worth noting that on January 12, 2023, the EPA announced the “Cumulative Impacts Addendum to EPA Legal Tools to Advance Environmental Justice (EJ Legal Tools).”  This focus on EJ and cumulative impacts may affect siting new facilities in industrial areas as well as renewal of existing permits.

Each company will have to consider how these announcements may affect their operations.  But if you need assistance with an environmental compliance issue, including an environmental compliance assessment, you can contact us at 248-932-0228.

This blog was drafted by Alan Hahn.  Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management.  He has worked in environmental management for 45 years.  He has written hundreds of blogs and articles.  His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.

The blog was reviewed by Jeffrey Bolin, M.S.  Jeff is a partner and senior scientist at Dragun Corporation.  He is a published author, frequent speaker, and expert witness.  His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas.  See Jeff’s Bio.  

Follow Dragun Corporation on LinkedIn, Twitter, or Facebook.

Sign up for our monthly environmental newsletter.

Principled Foundation | Thoughtful Advice | Smart Solutions

Celebrating our 35^th Year 1988-2023