On August 17, 2023, the U.S. Environmental Protection Agency (EPA) published their final
National Compliance & Enforcement Initiatives (NCEIs) for fiscal years (FY) 2024-2027. These NCEIs serve as areas of strategic enforcement and compliance focus at the federal level. Below is a summary of the six (6) NECI, which includes three new initiatives, one modified initiative, and two initiatives continued from the previous cycle.
- Mitigating Climate Change (new)
- Addressing Exposure to PFAS (new)
- Protecting Communities from Coal Ash Contamination (new)
- Reducing Air Toxics in Overburdened Communities (modified)
- Increasing Compliance with Drinking Water Standards (continued)
- Chemical Accident Risk Reduction (continued)
On September 27, 2023, EPA Region 7 gave an enforcement update at the
Midwest Environmental Compliance Conference (MECC) regarding the NCEIs and how the agency plans to roll out each initiative in conjunction with environmental justice (EJ). There is not a separate initiative for environmental justice, but EPA plans to incorporate EJ considerations into each initiative where feasible. This includes targeting inspections at facilities that have a high scoring EJ area within one mile using EPA’s
Environmental Justice Screening and Mapping Tool (EJScreen). Regulated facilities with processes that fall under a NECI, especially those located within EJ areas, will have a higher chance of having an EPA inspection in the next few years. Each NCEI was addressed specifically for Region 7 (Iowa, Missouri, Nebraska, and Kansas) at MECC; here’s what the regulated community needs to know.
- Mitigating Climate Change – This is a new initiative for EPA, and primarily focuses on two (2) goals: 1) addressing methane emissions from landfills and oil & gas facilities and 2) illegal use, importation, and production of hydrofluorocarbons (HFCs) refrigerant. For landfill and oil & gas facilities, EPA plans to target enforcement under the existing New Source Performance Standards (NSPS), including incoming NSPS OOOOb and OOOOc revisions. For HFC refrigerants, EPA plans to target enforcement for illegal import and sale of refrigerants. HFC refrigerants have a phase-out schedule outlined in the American Innovation and Manufacturing Act (AIM Act).
- Addressing Exposure to PFAS – This is another new initiative for the agency. EPA has proposed to designate PFAS and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA is also working towards additional PFAS related proposals under the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Safe Drinking Water Act (SDWA). This initiative is focused on researching and developing rules to address PFAS, then working towards enforcement. Once the new rulemakings are finalized, facilities will have a better understanding of potential enforcement areas. Manufacturers of PFAS can expect EPA involvement related to this initiative.
- Protecting Communities from Coal Ash Contamination – Coal combustion residuals (CCR) or coal ash represents a new enforcement focus for EPA. There are 110 units in Region 7 that fall under this initiative. EPA is planning to review compliance at facilities that generate CCRs and their disposal under RCRA. EPA will focus on reviewing groundwater monitoring plans and ensuring facilities are properly managing and monitoring coal ash, especially targeting facilities located in EJ areas. EPA review could lead to EPA requiring corrective actions such as the installation of addition monitoring wells, remediation, or waste relocation to ensure coal ash is not at risk of contacting groundwater.
- Reducing Air Toxics in Overburdened Communities – In FY2020-2023 EPA had an initiative for Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants from Stationary Sources. The previous initiative focused on volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) in areas with exceedances of the National Ambient Air Quality Standards (NAAQ) for ozone. The new FY2024-2027 modified initiative will focus on areas that have significant HAP emissions, such as benzene, ethylene oxide, and formaldehyde, especially in areas with environmental justice (EJ) concerns. EPA has developed a tool, the Air Toxics Screening Assessment (AirToxScreen), which provides information to the public regarding air toxics in communities. Also, this initiative involves enhanced monitoring of HAPs and enhanced community engagement within overburdened communities. If you are a major source of HAPs, especially in an area with EJ concerns or significant HAP emissions, EPA is more likely to conduct an air inspection at your facility.
- Increasing Compliance with Drinking Water Standards – Drinking water compliance continues to present challenges for small communities and rural areas. EPA is continuing this initiative to ensure communities have safe drinking water. This initiative will focus on working with areas with compliance challenges, including grants and other forms of compliance assistance, and pursuing enforcement as needed.
- Chemical Accident Risk Reduction – This is a continued initiative from the previous cycle, focusing on risk management programs for extremely hazardous substances. There are two (2) chemicals of specific focus for EPA: anhydrous ammonia and hydrogen fluoride. Facilities that store these chemicals in excess of the threshold quantity in Region 7 should expect an EPA inspection. EPA recommends that facilities conduct third-party audits to ensure their programs are in compliance.
Is your facility ready for an EPA inspection? If you would like to discuss any of these initiatives and how they might impact your site, please contact your local Trinity Office or call Trinity Consultants at 800.229.6655.
