In our blog on September 7, 2023, we discussed the National Enforcement and Compliance Initiatives (NECI) under President Biden.  The six NECIs were:  Mitigating Climate Change, Addressing Exposure to Per- and Polyfluoroalkyl Substances (PFAS), Protecting Communities from Coal Ash Contamination, Reducing Air Toxics in Overburdened Communities, Increasing Compliance with Drinking Water Standards, and Chemical Accident Risk Reduction.

The focus of the previous administration was a top-down approach, relying on the Environmental Protection Agency (EPA) to implement and enforce an aggressive agenda.  In the previous four years, eyes were focused on Washington D.C.  Now with a renewed commitment to cooperative federalism, the regulated community will again need to focus its attention on the states.

The New National Environmental Compliance Initiatives

On March 12, 2025, the Office of Enforcement and Compliance Assurance (OECA) issued the “Implementing National Enforcement and Compliance Initiatives Consistently with Executive Orders and Agency Priorities.”  The new initiatives are a stark contrast to the previous Administration’s approach to environmental protection.

Environmental Justice:  The new Initiatives state, “Environmental justice (EJ) considerations shall no longer inform EPA’s enforcement and compliance assurance work.  The current NECIs state that ‘[a]ll of the initiatives incorporate environmental justice considerations.’  These considerations are incorporated by references to ‘vulnerable’ communities, ‘overburdened’ communities, and ‘communities with environmental justice concerns.’”

“Race and socioeconomic status are not permissible considerations or criteria for exercising enforcement discretion unless expressly required by statute or regulation. The EJScreen tool maintained by the Office of Environmental Justice and External Civil Rights has been disabled and may not be used for any enforcement or compliance activity.”

The de-emphasis of EJ could affect some of the Biden-era rules (for example, the Clean Water Act (CWA) Hazardous Substance Facility Response Plans [FRP]).  This expansive rule has a provision that could require more facilities to comply with the rule than is required by the rule definition.  The CWA FRP rule states that when a regional administrator is exercising their discretion on whether to require a facility to submit an FRP, the Final Rule allows regional administrators to consider whether there is a potential to adversely impact EJ communities.

The potential new definition of waters of the United States, or WOTUS, could also affect the rule implementation.

Unleashing American Energy:  As stated in the new initiatives, “Pursuant to the President’s Executive Orders, enforcement and compliance assurance actions shall not shut down any stage of energy production (from exploration to distribution) or power generation absent an imminent and substantial threat to human health or an express statutory or regulatory requirement to the contrary.  Enforcement and compliance assurance at any facility or activity involved in energy production or power generation shall prioritize addressing violations that threaten human health and safety or risk releases or accidents that would disrupt energy production or power generation.  Any proposed order or other enforcement action that would unduly burden or significantly disrupt energy production or power generation, shut down any facility engaged in energy production or power generation, or severely restrict capacity for energy production or power generation must be approved in advance by the Assistant Administrator for OECA or his/her delegee.”

The current administration is unambiguous – they will no longer focus on EJ.  So, what should we expect?  EPA Administrator, Lee Zeldin, was recently quoted in Inside EPA (paywall) stating, “What I support is getting money directly towards that community to mitigate environmental issues in that community.  If you have an idea that cleans the air, land and water inside of a community that is left behind, I want to do it now.  The mission of this federal government is to help all Americans–we want to lift up all Americans regardless of race, creed, background, or religion.”

Zeldin also said in a March 25, 2025, Press Release that “Cooperative Federalism is a main pillar of the Powering the Great American Comeback initiative.”  He went on to say states are in the best position to work with local communities and implement laws, not the EPA in “its perch in the nation’s capital.”

Specific NECIs and Considerations:  Again, from the March 12^th announcement, “Beyond these broad directives, the focus of specific NECIs shall be adjusted to conform to the President’s Executive Orders and the Administrator’s Initiative.  Unless otherwise stated, these directions concern only the prioritization of enforcement and compliance activities accomplished by the current NECIs.”

Mitigating Climate Change:  The administration will no longer focus on methane emissions from oil and gas facilities.  Also, “Enforcement and compliance assurance regarding hydrofluorocarbons (HFCs) shall focus on the unlawful import and subsequent sale of HFCs.  Enforcement and compliance assurance regarding landfills shall return to the core enforcement program.”

Protecting Communities from Coal Ash Contamination:  To align this priority with the current NECIs, the EPA will now carry out enforcement and compliance assurance for coal ash at active power plant facilities focused on “imminent threats to human health.”  They also state that “except where expressly required by statute or regulation, under no circumstances may enforcement or compliance assurance incorporate environmental justice considerations.”

Reducing Air Toxics in Overburdened Communities:  The EPA will “no longer focus exclusively on communities selected by the regions as being ‘already highly burdened with pollution impacts’ (and thereby ignore areas with high levels of a singular, toxic pollutant).”  They state that, instead, enforcement and compliance assurance will target the “worst pollution from HAPs affecting human health, wherever that may be found, in accordance with the above directives regarding environmental justice.”

Chemical Accident Risk Reduction:  Further, the initiative states, “This NECI focuses on ensuring that facilities handling extremely hazardous substances implement the risk management programs required under Section 112(r) of the Clean Air Act.  The NECI further focuses on two particular hazardous substances, anhydrous ammonia, and hydrogen fluoride, the latter of which is used in petrochemical manufacturing. Nevertheless, in practice hydrogen fluoride has comprised the justification for only a small number of inspections, and hazardous substances other than the two noted in the NECI have comprised the justification for the majority of inspections.  Future inspections should prioritize high-risk facilities regardless of the regulated chemicals utilized at the facility. Any order or other enforcement that would unduly burden or significantly disrupt energy production shall require the advance approval described above.”

Notably missing from the initiatives are PFAS and any mention of drinking water.  PFAS continues to be the environmental elephant in the room.

The rapidly changing federal environmental regulatory landscape means states will likely play a larger role in environmental compliance/enforcement issues.  As we stated, it will be important to stay current on individual state plans as well as any litigation that could force a change in course at the federal level.

Environmental Advice

Dragun Corporation has been assisting the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988.  If you need assistance with an environmental issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.

Alan Hahn drafted this blog.  Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management.  He has worked in environmental management for more than 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.

Jeffrey Bolin, M.S., reviewed this blog.  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, X, or Facebook.

Sign up for our monthly environmental newsletter.

Principled Foundation | Thoughtful Advice | Smart Solutions

Established in 1988