There has been a steady stream of environmental regulatory developments under the Biden Administration. The focus of these regulations are wide-ranging and include per- and polyfluoroalkyl substances, anthropogenic greenhouse gases, and Environmental Justice (EJ).
Perhaps belying this is the fact that for the most part, the enforcement trends do not seem to be comparable.
Environmental Enforcement Numbers from EPA
The Environmental Protection Agency’s (EPA) “Enforcement and Compliance Annual Results for Fiscal Year 2022” revealed some surprising results. For example, the year 2022 saw the fewest number of criminal cases opened since 2017.
The EPA also collected fewer dollars when it comes to injunctive relief. In 2021 that figure was $2.6 billion in 2022 that number had dropped to $514 million. The EPA also had a 20-year low in civil judicial cases.
Supplemental environmental projects (SEPs) were also surprising. In 2022, the EPA concluded only two enforcement cases that included SEPs.
Results Disappoint Some
This news of decreased environmental enforcement was disappointing for environmental groups. The Environmental Integrity Project wrote, “Despite hopes that the Biden Administration would reverse a long-term decline in environmental enforcement, the number of civil cases closed against polluters in fiscal 2022 was the lowest in at least two decades, according to new EPA data.”
Environmental Justice Gets Attention
Although enforcement has been down, there has been a strong focus on EJ. In a blog by the law firm Baker Botts they write, “In 2022, nearly 57% of on-site inspections occurred at facilities affecting communities with potential EJ concerns, exceeding the goal established in EPA’s Strategic Plan, which aims for 45% of EPA’s on-site inspections to be conducted in such areas by 2026.”
We have discussed this focus on EJ in many of our previous blogs. Certainly, businesses located in EJ communities should be aware of this focus and plan accordingly.
Some environmental groups are disappointed in the environmental record of the Biden Administration. Others might point to the focus on EJ and other programs as a “success” (Photo credit: elijah-hiett-unsplash)
Recent Enforcement News
With the above said, environmental enforcement has not completely gone away as shown by these recent settlements.
Bank of America to Fund $29 Million Cleanup
Due to a series of bank mergers, Bank of America became responsible for a cleanup in New Jersey involving groundwater remediation and vapor intrusion.
According to the EPA, “White Swan Cleaners/Sun Cleaners,” is in Wall Township, New Jersey. The dry cleaners operated on the site from 1960 to 1991. The EPA states that the dry cleaning operations are responsible for area-wide VOC contamination.
The EPA states, “In 2004, the Site was placed on the NPL. Sun Cleaners is being addressed by EPA and White Swan Cleaners is being addressed by Bank of America as the potentially responsible party.”
The EPA and the New Jersey Department of Environmental Protection have tested the indoor air of over 450 local residential and business properties. Approximately 37 buildings have had indoor air ventilation systems installed.
Extensive Remedial Efforts
The EPA said that the remedial efforts, which are based on a September 2013 Record of Decision, include excavation and off-site disposal of contaminated soils at source area; in-place soil vapor extraction/air sparging of soils and shallow groundwater; construction of a groundwater extraction and treatment system; monitored natural attenuation; establishment of a Classification Exception Area (CEA); and indoor air monitoring of buildings near groundwater contamination, and installation of vapor mitigation systems, as necessary.
California Refinery Receives $27.5 Million Penalty
On April 27, 2023, the EPA and the U.S. Department of Justice announced that Tesoro Refining & Marketing Company agreed to pay a $27.5 million penalty and comply with requirements to limit air pollution from Tesoro’s petroleum refinery in Martinez, California.
The EPA alleges that Tesoro violated a Clean Air Act requirement related to Tesoro’s compliance with a 2016 consent decree. From July 1, 2018, through May 1, 2020, Tesoro failed to comply with a 20 parts per million nitrogen oxide (NOx) emission limit at the Martinez Refinery fluid catalytic cracking unit.
The Tesoro Martinez facility has since been purchased by Marathon Petroleum and the plant converted into a renewable fuels facility.
Texas Refinery Hit with $1.3 Million Penalty
Another petroleum refinery was fined over Clean Air Act Violations.
TotalEnergies Petrochemical & Refining USA, Inc. (TotalEnergies) in Port Arthur, Texas violated the Texas Clean Air Act. According to Texas Attorney General, Ken Paxton, “The refinery had experienced multiple, recurring instances of unauthorized emissions and permit violations caused by operator errors, equipment malfunctions, and poor maintenance practices.”
Under the settlement, TotalEnergies agreed to pay $1.3 million in civil penalties and $100,000 in attorney’s fees. TotalEnergies is also required to implement a “series of corrective actions to prevent further unauthorized pollution.”
No other details were available about the violations and subsequent penalties.
Scrutiny regarding environmental issues is being magnified by activist groups and the current focus on climate change and environmental justice. If you need assistance on an environmental issue (permitting, planning, assessments, closures, litigation support, etc…), contact Jeffrey Bolin, M.S. at 248-932-0228, Ext. 125.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
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.
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