The direction of the EPA under the new administration has been on the mind of the regulated community, as well as environmental groups, for several months. Following the submittal of the Draft FY 2018-2022 EPA Strategic Plan, we are getting a better idea of this direction.
The most public of the changes is related to climate change. In fact, if you compare the 2014-2018 EPA Strategic Plan (climate change mentioned first among their goals) to the current Draft Strategic Plan, this is an obvious change, as the EPA has eliminated the focus on climate change. While this issue alone has certainly made headlines, little else is known about where the EPA will turn their attention.
Now that we have the Draft Plan, we see a departure from previous, more typical EPA plans. But we also see a focus on what many would say are important issues. The immediate focus for the EPA (2018-2019) will include:
- A focus on water infrastructure projects
- Getting Brownfields sites ready for redevelopment
- A focus on Toxic Substance Control Act risk evaluations
- Accelerating the permitting process
The EPA’s Goals
The multi-year plan has three main goals and supporting objectives.
- Goal 1: Core Mission
- Goal 2: Cooperative Federalism
- Goal 3: Rule of Law and Process
While climate change is not on the list, clean air is still an emphasis. Specifically, Objective 1.1 is to “Improve Air Quality.” The Draft plan points out that United States has made significant progress in cleaning our air quality. They point to a 70 percent reduction (from 1970-2016) in the six criteria pollutants (while GDP increased 253 percent).
The plan states that in the agency’s effort to reduce the number of non-attainment areas, the “EPA will prioritize key activities to support attainment of the national ambient air quality standards and implementation of stationary source regulations.”
Federal Environmental Regulatory Focus
Among the various environmental concerns, the plan calls out the need to do more to reduce mobile-source-related air pollution, ozone-depleting substances, water infrastructure including drinking-water quality (Flint, Michigan, is mentioned specifically), non-point source pollution, and nutrient loading.
Included in the category of “revitalization and prevention” are (1) Resource Conservation and Recovery Act – Corrective Action Sites, (2) the top ten Superfund sites, and (3) Leaking Underground Storage Tank sites. We discussed many of these important environmental issues earlier in the year.
Relative to some of the more emerging areas of environmental concern, the plan acknowledges the challenges and concerns about vapor intrusion (VI) and as well as polyfluoroalkyl substances (PFAS).
Current Observations on Environmental Concerns
More to the point on the VI and PFAS (in general, Perfluorooctanoic Acid [PFOA], Perfluorooctyl Sulfonate [PFOS], other PFASs, and on PFCs), we have seen increased focus on these emerging issues of late. In relation to vapor intrusion, we have worked closely with our clients on sites in both the US and Canada to assess and, when necessary, remediate or mitigate sites with vapor concerns. Further, this year alone, we have been asked to present to industry groups on three different occasions, and we have recently developed a state-by-state guidance for VI.
Additionally, we have also worked with clients in assessing potential Per- and
Poly-fluoroalkyl Substances. Both VI and PFAS are complicated environmental issues that are constantly evolving, requiring a thoughtful approach and strategic thinking.
It was interesting to read the Draft Plan, as it was different from what we have read in the past. To read more about the Draft Plan, see Draft FY 2018-2022 EPA Strategic Plan Public Review Draft.
Please feel free to contact me if you have any immediate environmental-related questions, needs, or concerns. You can reach me at 248-932-0228, ext. 125.