The United States Environmental Protection Agency (EPA) has released their most recent Draft Strategic Plan. This Plan is for 2022-2026. As you can imagine, the Plan is very different from the 2018-2022 Strategic Plan. To compare, see our October 27, 2017 blog, EPA’s Latest Draft Strategic Plan. The final Strategic Plan will be submitted to Congress in February 2022.
While the Biden Administration has been transparent with respect to their focus on specific environmental issues, these goals provide some clarity and should serve as a heads up.
The principles guiding the EPA include:
- Follow the Science
- Follow the Law
- Be Transparent
- Advance Justice and Equity
The first three principals were originally from William Ruckelshaus (the first USEPA Administrator). The fourth principal, Advance Justice and Equity, is from the Biden Administration.
Speaking to the Justice and Equity principle, the EPA states, “The Agency also adds a fourth foundational principle: advance justice and equity. We add this principle to infuse the consistent and systematic fair, just, and impartial treatment of all individuals into all EPA policies, practices, and programs.” This principal is interwoven in the goals below.
Seven Strategic Goals
Below are the Seven Strategic Goals outlined by the EPA. Following each goal is an excerpt from the introduction of each goal.
1: Tackle the Climate Crisis Goal
“EPA will take bold steps and align its actions to respond decisively to the climate crisis. As part of a whole-of-government approach, EPA must aggressively tackle the climate crisis by helping the nation reduce greenhouse gas (GHG) emissions and anticipate, prepare for, and adapt to or recover from the impacts of climate change. Policies to tackle climate change must address the disproportionate vulnerability of low-income communities and communities of color while also dealing with the legacy pollution those communities continue to endure.”
The USEPA’s Strategic Plan includes a focus on Climate and Environmental Justice (Photo by Jon Tyson on Unsplash).
2: Take Decisive Action to Advance Environmental Justice and Civil Rights
“The vigorous enforcement of civil rights is also key to addressing historical and systemic barriers. These efforts lead to more responsible and equitable siting and permitting decisions by recipients of EPA funding; reductions in racial and ethnic disparities in levels of air pollutants and exposure to toxins; reductions in racial and ethnic disparities in access to clean and reliable water infrastructure that are free of lead and other toxins; reductions in racial and ethnic disparities among communities enduring mismanaged solid waste programs and processes; increased access to other environmental resources such as green spaces; better health outcomes in impacted communities; and increased public participation in critical decision making.”
3: Enforce Environmental Laws and Ensure Compliance
“EPA will focus federal enforcement resources on the most serious environmental problems where noncompliance with environmental statutes and regulations is a significant contributing factor and where federal enforcement can have a significant impact on the nation’s air, water, and land. This work will include targeting and screening to prioritize inspections in communities facing substantial burdens from environmental noncompliance. EPA will continue to identify a small number of key areas, called National Initiatives, where focused EPA attention will be especially value-added. EPA will seek to increase inspections, prioritize enforcement cases, identify remedies with tangible benefits for impacted communities, and increase engagement with communities about enforcement cases.”
4: Ensure Clean and Healthy Air for All Communities
“Numerous scientific studies have linked air pollution and specific pollutants to a variety of health problems and environmental impacts. Long-term exposure to elevated levels of certain air pollutants is associated with increased risk of cancer, premature mortality, and damage to the immune, neurological, reproductive, cardiovascular, and respiratory systems. Over the next four years, EPA will work to ensure clean and healthy air for communities by reducing emissions of ozone-forming pollutants and particulate matter, and air toxics. EPA will also work to address high-risk indoor air quality pollutants in homes, schools, and workplaces.”
5: Ensure Clean and Safe Water for All Communities
“Many communities need upgrades in both drinking water and wastewater infrastructure as well as greater capacity to comply with new and existing risks and standards. Tens of thousands of homes, primarily in Tribal communities, and underserved communities and territories, lack access to basic sanitation and drinking water. EPA is committed to prioritizing equity, environmental justice, and the lived experience of those most impacted by water pollution in the Agency’s policy and regulatory development.”
6: Safeguard and Revitalize Communities
“Uncontrolled releases of hazardous substances, pollutants, and contaminants impact air, land, and water and threaten healthy ecosystems. Nationally, there are thousands of contaminated sites with challenging and complex environmental problems, including soil, sediment, and groundwater contaminated by chemicals such as per- and polyfluoroalkyl substances (PFAS). Over the next four years, EPA will prioritize the cleanup of legacy contamination and emerging pollutants and facilitate site redevelopment in collaboration with communities, local governments, businesses, and other stakeholders.”
7: Ensure Safety of Chemicals for People and the Environment
“Chemicals are ubiquitous in the products we use daily and are present in our environment and our bodies. EPA has significant responsibilities under the Toxic Substances Control Act (TSCA) for ensuring the safety of chemicals in or entering commerce and addressing unreasonable risks to human health or the environment. This work will play an important role in enhancing environmental justice and tackling the climate crisis as described in Executive Orders 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government…”
Preparing for Implementation
What might we expect in 2022 with respect to implementation of these goals? The law firm, King and Spalding provided the following concerning the EPA’s Plan:
“Especially in light of the findings in EPA’s Climate Change report and the key policy goals in EPA’s draft Strategic Plan, the intersection of Climate Change and Environmental Justice is likely to be the next front for EPA’s enforcement program.”
“Tackling the effects of climate change in overburdened communities brings together the two key ‘whole-of-government’ Biden Administration initiatives. It is important for practitioners and their clients to keep abreast of these fast-breaking developments, as the new emphasis and focus on EJ and Climate Change are already affecting all aspects of environmental law” (emphasis added).
We will not predict how these goals may translate into enforcement, especially in a year that includes growing concern over inflation, an ongoing pandemic, and mid-term elections. However, if fully implemented, these goals could pose significant challenges to the regulated community, especially those in urban areas.
If you need assistance with an environmental issue, our senior team of environmental professionals, with diverse scientific and engineering backgrounds, are ready to assist you. Contact Jeffrey Bolin, M.S. at 248-932-0228, Ext 125.
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