Authors: Diane Reilly and Angela Gordon | octobre 4, 2022

Background

One week after assuming office, President Biden issued an Executive Order on Tackling the Climate Crisis at Home and Abroad, which included a directive to the Environmental Protection Agency (EPA) to “strengthen enforcement of environmental violations with disproportionate impact on underserved communities through the Office of Enforcement and Compliance Assurance,” or OECA. As a result, OCEA formed an Enforcement Steering Committee consisting of six senior managers from OECA Headquarters and the Regions to evaluate types of programmatic inspections with an objective of increasing the number of facility inspections in overburdened communities. The OECA will also continue using its offsite compliance monitoring tools at facilities in areas with potential environmental justice (EJ) concerns.

With EPA Administrator Michael Regan overseeing the effort to strengthen enforcement and protections within EJ communities, the EPA established new inspection goals in its FY2022 – FY 2026 Strategic Plan. The plan notes how “effective targeting of compliance monitoring, including inspections in communities with environmental justice concerns, plays a critical role in achieving the goals EPA has set forth for protecting health and the environment.” The plan also established a goal of conducting “55% of annual EPA inspections at facilities that affect communities with potential environmental justice concerns” by September 30, 2026.

GettyImages-1258009520-1

Areas with Potential EJ Concerns

While neither EPA nor OECA has a definition of an area with potential EJ concerns, they consider the 80th percentile threshold of EJ Index measures from its Environmental Justice Screening tool (EJScreen) as a starting point. EJScreen includes 11 EJ Index measures that combine environmental information, such as levels of particulate matter (PM) 2.5, with demographic information on percentages of minority individuals and low-income households. EPA provides an “EJ Summary” of EJ Index data on the website for the Enforcement and Compliance History Online (ECHO) Notification system developed by OCEA’s Office of Compliance. ECHO’s mapping tool flags those block groups with one or more EJ Index measure at or above the 80th percentile for either the US as a whole or the state.

 

New Inspections and Related Enforcement

Recognizing health, safety and manpower constraints, the OECA is expected to initially focus new inspections and related enforcement on concentrated industrial corridors or facilities with historic or ongoing compliance violations. However, unanticipated inspections may occur at any time as EPA expands outreach and programs in identified EJ communities. Ultimately, the inspections will focus on facilities in overburdened communities, particularly those with reported health impacts.

Companies operating in areas that the ECHO mapping tool flags should be certain to review their public compliance records in preparation of a possible inspection. An understanding of local demographics, the facility’s environmental and community impacts and reputation with local residents and regulators will preemptively identify opportunities to rectify any potential negative or damaging assessments.

In addition to the increased number of inspections in areas of EJ concern, the EPA has pledged to provide greater public access to compliance data to help communities better understand and manage risks. The EPA will increase engagement with communities so that communities and EPA can share resources and work together to improve compliance. The ECHO system serves to increase community access to EPA information and activity. Users can sign up to receive automated alerts about noncompliance in their local neighborhood, as well as updates on inspections.

To strengthen collaboration, the EPA Regional Offices have entered into agreements with state agencies to jointly advance EJ principles. While EPA staff will coordinate with state and local agencies, they have stated that, if needed, they will intervene where needed action is too slow or delayed. In order to expand and deploy EJ expertise, the EPA recently released a Request for Application with $100 million of funding, to launch new Thriving Communities Technical Assistance Centers throughout the United States. These training and outreach centers will help to identify EJ needs and community limitations.

Monitoring OECA’s Progress

Projects based in areas with potential EJ concerns (EJ Index > 80th percentile) may wish to monitor OECA’s progress towards achieving their expanded inspection goals to prepare for potential visits. As EPA partners with regional and state agencies, as well as community organizations and stakeholders, it would serve project managers well to connect with local community groups and organizations to ensure awareness of public concerns and issues being discussed in these forums. Some companies may even choose to track and engage local concerns regarding EJ compliance to assure their own understanding and planning within areas of concern.

Glossary of Abbreviations

ECHO Enforcement and Compliance History Online
EJ Environmental Justice
EJScreen Environmental Justice Screening Tool
EPA US Environmental Protection Agency
OCEA Office of Compliance and Enforcement Assurance

How Can TRC Help?

TRC is prepared to help clients evaluate asset portfolios and potential facility sites to identify potential EJ concerns based on EPA metrics. TRC supports clients as they navigate this complex and evolving landscape, focusing on solutions that address the issues and reflect an understanding of our clients’ business. Accordingly, clients can look to TRC for the informed and pragmatic support they will need to position themselves favorably as EPA’s Strategic Plan unfolds.

Related Materials

Embrassez le changement

Collaborez avec les praticiens testés de TRC

Contact Us

Partager nos perspectives

Nos praticiens partagent leurs idées et leurs points de vue sur les tendances et les défis qui façonnent le marché.

power-plant
Mises à jour réglementaires

PM2.5 Révision annuelle du SNQA

mai 7, 2024

L’EPA des États-Unis a publié une règle finale fondée sur son réexamen de sa décision de 2020 de conserver les normes nationales de qualité de l’air ambiant (NQAA) primaires et secondaires pour les matières particulaires (MP) sans révision.

storm-drain-outflow
Mises à jour réglementaires

Le NJDEP publie des mises à jour et des modifications sur la gestion des eaux pluviales

avril 12, 2024

Le New Jersey Department of Environmental Protection (NJDEP) a récemment publié deux nouvelles exigences relatives à son programme new Jersey Pollutant Discharge Elimination System (NJPDES) qui affectent les exigences de cartographie des municipalités et le dimensionnement des nouvelles pratiques de gestion des eaux pluviales.

GettyImages-2167761164
Mises à jour réglementaires

Les modifications apportées au Règlement sur le programme de gestion des risques (PGR) de l’EPA sont ici

avril 3, 2024

Les modifications apportées aux règlements du Programme de gestion des risques (PGR) ont été signées dans une règle finale le 27 février 2024 par l’administrateur de l’EPA, Michael S. Regan.

olympics
Mises à jour réglementaires

Are You Prepared for 2024 TSCA Chemical Data Reporting?

octobre 9, 2023

Chemical Data Reporting (CDR), like the Olympics, occurs every four years, and then most facilities move on to more pressing environmental, health and safety (EHS) matters.

power-lines
Aperçus

Intro to NERC Regulatory Guidance on Inverter-Based Resources

août 29, 2023

As renewable energy proliferates across the US power system, the North American Electric Reliability Corporation (NERC) continues to actively address reliability risks resulting from the implementation of inverter-based resources (solar and wind generation technology) connected at both transmission and Distributed Energy Resources (DER) levels.

088350fb-man-filling-a-glass-of-filtered-water-right-from-the-tap-in-the-kitchen-1368715188-1
Aperçus

Utilisation proposée d’un indice de danger pour le Règlement national sur l’eau potable primaire (NPDWR) sur les SPFA

avril 4, 2023

La LCM et la MCLG proposées pour les quatre SPFA, LE PFNA, le PFHxS, le GenX et le PFBS considèrent leur toxicité comme additif. L’EPA a proposé un IH de 1,0 en tant que MCL et MCLG pour les quatre SPFA combinés.

6ce6b30e-gettyimages-1394199344
Aperçus

Setting the Stage for Effective Environmental Compliance Recordkeeping

mars 21, 2023

Recordkeeping is an integral component of demonstrating compliance with environmental regulations.

78179437-fire-truck-182819377-e1671572308266
Aperçus

Equipment Decontamination and Replacement of Legacy Aqueous Film Forming Foams

Décembre 21, 2022

Legacy AFFF used for firefighting are a significant source of PFAS in the environment. With current and expected regulation, many entities are looking for replacements.

0f7b8139-coal-fired-power-plant-smoke-stacks-platte-river-casper-wyoming-wind-turbines-821028416
Aperçus

Preparing Your RMP Facility for a Future of Extreme Weather

novembre 29, 2022

Facilities dealing with hazardous materials must prepare for extreme weather events that pose a risk to their operations and the community.

GettyImages-1718569266-sm
Mises à jour réglementaires

NERC Releases Inverter-Based Resource Strategy Plan

octobre 25, 2022

The North American Electric Reliability Corporation (NERC) recently released an Inverter-Based Resource (IBR) Strategy, which details the steps needed to successfully integrate IBR facilities into the planning and operation of the power system. The strategy was put in place due to the rapid interconnection of IBR systems, which are extensively used for solar and wind generating facilities, including new battery-based energy storage systems and are one of the most significant drivers of power grid transformation. Because of control system inconsistencies, IBR facilities pose well-documented risks to power system reliability when this strategy’s practices are not adhered to. NERC’s plan calls attention to the need for thoughtful integration of IBRs and identifies current and future work required to mitigate reliability risks resulting from the deployment of this technology.

power-lines
Mises à jour réglementaires

NERC Releases 2022 State of Reliability Report

septembre 16, 2022

The North American Electric Reliability Corporation (NERC) recently released its 2022 State of Reliability report, which examines power system performance in calendar year 2021 and evaluates reliability performance trends. The 2022 report identified six key findings regarding power system performance that are summarized as follows:

GettyImages-534863741
Mises à jour réglementaires

NERC Proposes Implementation Guidance for PRC-019-2

août 22, 2022

NERC has proposed implementation guidance for PRC-019-2, the standard that verifies coordination of generating unit facility or synchronous condenser voltage regulating controls, limit functions, equipment capabilities and protection system settings.

ec76f926-july-core-newsletter-image
Aperçus

Regulatory Compliance Items to Consider as Part of Transactional Due Diligence

juillet 19, 2022

Performing a limited environmental regulatory review can identify potential deficiencies with the environmental management of an acquisition.

transmission20lines20substations
Mises à jour réglementaires

Revisions to FAC-001 and FAC-002 Submitted for FERC Approval

juillet 12, 2022

Reliability Standards FAC-001-4 and FAC-002-will resolve uncertainty regarding the meaning of “materially modify” under the currently effective standards.

silhouette-of-two-engineers-discussing-together
Mises à jour réglementaires

FERC Order No. 881-A Has Implications for NERC Compliance Programs

juin 23, 2022

Updated Order will have significant impact on NERC compliance programs related to both PRC standards and facilities ratings. Utilities should review the Order’s requirements and prepare for changes needed to remain compliant.

epa-strategic-plan-blog
Aperçus

Climate Action and Environmental Justice are at the Forefront of EPA’s Strategic Plan

juin 14, 2022

The EPA issued its Fiscal Year 2022-2026 Strategic Plan. Although the strategic plans emphases often change with administrations, we can be reasonably certain that the Plan reflects priorities through 2024.

electric-industrial-power-station-windmill-and-sola
Mises à jour réglementaires

NERC’s Revised PRC-024-3 Standard for Inverter-Based Generation Effective in October 2022

mai 11, 2022

Changes to PRC-024-3 in support of inverter-based generation performance are going into effect in October of this year. Interconnection programs and documentation procedures may need to be updated in order to maintain compliance.

GettyImages-989229564
Mises à jour réglementaires

FERC Issues Notice of Inquiry Regarding Dynamic Line Ratings

avril 25, 2022

There are significant technical challenges involved in implementing Dynamic Line Ratings in the planning and operation of utility systems. Utilities should be prepared to modify their NERC compliance programs as necessary to address the potential introduction of DLR in their businesses.

pylon-and-photovoltaic-panels
Mises à jour réglementaires

New NERC Guidance Supports the Implementation of Grid Forming Inverters

mars 8, 2022

NERC has issued a new report highlighting the key attributes of various inverter controls to support proper implementation and to protect reliability.

GettyImages-1070427216
Mises à jour réglementaires

NERC Recommends Approaches for Underfrequency Load Shedding Programs

février 24, 2022

In a recently released reliability guideline, NERC recommends additional approaches for Underfrequency Load Shedding (UFLS) program design to help utilities effectively consider the effects of Distributed Energy Resources (DERs). The guidance was developed to address the accelerated transition of the power system to locally installed, decarbonized resources that depend on inverters. These new technologies introduce operational controls issues into the electric grid. UFLS data gathering and analysis methodologies may require modification to address reliability risks.

protection-and-controls_2
Mises à jour réglementaires

NERC and FERC Recommend Protection System Commissioning Improvements

janvier 18, 2022

Between 18 and 36 percent of reported utility misoperations were attributed to issues that could have been detected through a properly implemented PSC.

d4eb5574-microsoftteams-image-33
Mises à jour réglementaires

FERC & NERC Issue Joint Report on Freeze Reliability Failures

Décembre 15, 2021

The in-depth report outlines twenty-eight recommendations to address freeze reliability failures, including operating practices and recommendations for NERC standards modifications surrounding generator winterization and gas-electric coordination.

cold-weather
Mises à jour réglementaires

NERC Accelerates Additional Cold Weather Standards Changes

novembre 22, 2021

At its November 2021 meeting, NERC’s Board of Trustees took aggressive action to advance critical cold weather Reliability Standards. Most notably, the group approved the 2022-2024 Reliability Standards Development Plan, which prioritizes standards projects for the coming years including a resolution to include new cold weather operations, preparedness and coordination standards as high priority development projects.

GettyImages-665252122

PRC-002-2 Disturbance Monitoring and Reporting Standard: Initial Mandatory Implementation Plan Dates Approach

novembre 18, 2021

The Federal Energy Regulatory Commission approved PRC-002-2 in September, 2015. The initial due date for system studies necessary to identify locations for the collection of disturbance related data under Requirement R1 is January 1, 2017.

GettyImages-1724394793
Aperçus

OSHA’s National Emphasis Program on Heat-Related Illness and Injuries

novembre 3, 2021

On September 20, 2021 in an OSHA National News Release, OSHA published a memorandum establishing an enforcement initiative that is designed to prevent and protect employees from heat-related illnesses and death. This initiative, which develops a National Emphasis Program (NEP) on heat inspections, is an expansion of an already existing Regional Emphasis Program (REP) in OSHA’s Region VI, which covers Arkansas, Louisiana, New Mexico, Oklahoma and Texas.

New-Potential-Compliance-Standards-Identified-at-FERC-Technical-Conference-on-Reliability-1
Mises à jour réglementaires

New Potential Compliance Standards Identified at FERC Technical Conference on Reliability

octobre 18, 2021

With a focus on the reliability impact of extreme weather and the shortcomings of current system planning approaches, both NERC and FERC conference participants opened the door to potential forthcoming compliance standard enhancements or changes.

GettyImages-1329706118-sm
Mises à jour réglementaires

NJDEP Implements New Jersey Environmental Justice Law Through Administrative Order

octobre 5, 2021

On September 22, 2021, the New Jersey Department of Environmental Protection (NJDEP) Commissioner announced the issuance of Administrative Order (AO) No. 2021-25 to implement New Jersey’s Environmental Justice (EJ) Law. This order is effective immediately, and applicants seeking to site new major source facilities, renew major source permits or expand existing facilities with major source permits (e.g., Title V air permits) in overburdened communities are affected. There are more than 4.5 million people that live within 331 municipalities that are overburdened communities in the state of New Jersey.

GettyImages-1460822484
Aperçus

OSHA Returns to In-Person Inspections As COVID-19 Restrictions Lift

août 4, 2021

The Occupational Safety and Health Administration (OSHA) is authorized by the Occupational Safety and Health Act of 1970 (OSH Act) to assure employers provide safe and healthful work conditions free of recognized hazards and by setting and enforcing standards and providing training, outreach, education and technical assistance. OSHA has recently announced the return to in-person inspections as COVID-19 restrictions begin to lift.

0c3179ba-trc-td-williamson-partner
Nouvelles

TRC and T.D. Williamson Partner to Provide Safe, Innovative and Cost-Saving Services to Pipeline Operators

juillet 18, 2021

TRC is teaming with T.D. Williamson to help oil and gas clients navigate the compliance issues surrounding PHMSA’s upcoming Gas Mega Rule.

NERC-Proposes-Revisions-to-CIP-008
Mises à jour réglementaires

NERC Proposes Revisions to CIP-008

mars 27, 2021

NERC’s CIP-008 standard aims to mitigate reliability risks resulting from a Cyber Security Incident by specifying incident response requirements. Newly proposed revisions would augment mandatory reporting to include incidents that compromise, or attempt to compromise, a utility’s Electronic Security Perimeter (ESP) or associated Electronic Access Control or Monitoring Systems (EACMS).

10f61d9f-compliance-theme-with-aerial-view-of-city-skylines-1211589828
Mises à jour réglementaires

NERC Releases 2021 Compliance Monitoring and Enforcement Findings

février 8, 2021

NERC’s 2021 Compliance Monitoring and Enforcement Program reframes the previous year’s risks and their associated areas of focus. Utilities should review their compliance programs and internal controls to determine if enhancement or changes are need to maintain compliance.

GettyImages-924655686
Mises à jour réglementaires

2020 TSCA Chemical Data Reporting (CDR)

Décembre 7, 2020

Earlier this year, EPA revised the CDR rule to reflect the 2016 amendments to TSCA, including changes for foreign-owned businesses and the reporting responsibilities of suppliers and contractors, as well as an exemption for small businesses.

overhead-trucks
Aperçus

Integrity Dig Integrated Services

août 4, 2020

Our Integrity Engineers, Surveyors, Right-of-Way Experts and Environmental Scientists are well-versed in all phases of integrity dig programs from preparing the pipeline for a tool run, interpreting results, verifying proper repair procedures and obtaining federal and state environmental approvals. Our team includes former pipeline operators, survey experts, PHMSA and environmental regulators and trainers. We developed the current ILI training curriculum for PHMSA’s training program.

GettyImages-1582693186
Nouvelles

INGAA Foundation Elects TRC’s Lauren O’Donnell as Chair

février 5, 2020

The board of directors of the INGAA Foundation elected Lauren O’Donnell as its chair for a one-year term.

20e7ef1f-trc-targeting-perfection-pipelines
Aperçus

Targeting Perfection in the Construction and Operation of Pipelines

octobre 18, 2019

To have an impact on the delivery or operation of a pipeline, it’s vital to eliminate the intra- and inter-company barriers, including those in the areas of communications, culture and technology.

trc-operator-qualification-ili
Aperçus

How Much Does Operator Qualification Matter for In-Line Inspection of Pipelines?

octobre 9, 2019

Successful pipeline inspectors and analysts need more than just the right certifications. Even more important is proper experience and on-the-job training.

0cdf6209-trc-phmsa-pipeline-safety-rules
Mises à jour réglementaires

PHMSA Publishes New Rules to Increase the Safety of Hazardous Liquid Pipelines and Gas Transmission Pipelines

septembre 25, 2019

The Pipeline and Hazardous Materials Safety Administration this week published important new rules aimed at improving pipeline safety.

GettyImages-483313074
Mises à jour réglementaires

NERC Calls for New Approach to Reliability Planning Due to Gas Supply Disruption Risks

Décembre 14, 2017

A recently published NERC report concludes that as reliance on natural gas to meet electric generation requirements increases, additional planning and operational measures must be considered to mitigate power system reliability risks.

aefdd9d7-trc-diane-reilly-e1655148150123
Diane Reilly

Ms. Reilly has over 25 years of experience in environmental consulting as an Economist and leads TRC’s Environmental Justice CORE team. She supports TRC’s clients through socioeconomic and environmental justice analyses, helping them proactively identify challenges and navigate regulatory requirements. She works alongside other subject matter experts to provide integrated services involving technical studies, public engagement plans, agency consultation, tribal coordination, and environmental compliance strategy and support services. Ms. Reilly also specializes in economic impact analyses and evaluates socioeconomic and recreational impacts. She has extensive NEPA experience, having authored EA and EIS sections for FERC, USACE, FRA, FHWA and NPS. Contact Diane at DReilly@trccompanies.com.

faa0ea77-aeg-headshot-2022-1
Angela Gordon

Angela Gordon, a member of TRC’s ESG/Climate Advisory practice, has worked in the electric, natural gas, and water industries for almost 30 years. She has expertise in legislative and regulatory issues, industry reforms, and decarbonization program design and implementation. Ms. Gordon is interested in technological and market opportunities to support our clients’ resiliency, climate solutions, and decarbonization goals in light of mandated and market-driven policies and stakeholder needs. Contact Angela at AGordon@TRCCompanies.com.