Author: Kent Kading | October 19, 2022
Earlier this year, EPA released its FY 2022-2026 Strategic Plan.1A core element of the plan focuses on environmental compliance. In particular, EPA has established two (2) objectives for environmental compliance: (1) Hold Environmental Violators and Responsible Parties Accountable; and (2) Detect Violations and Promote Compliance. Let’s review EPA’s approach to accomplish these two objectives.
EPA has a long history in aggressive enforcement of applicable multi-media regulations for significant and complex operations. In FY21 alone, EPA issued more than $8.4 billion in compliance violations.2Local and state agencies contributed an additional $156 million in penalty assessments. EPA’s enforcement focus is primarily associated with the national compliance initiatives (i.e., EPA’s immediate priorities across multi-media programs) and longstanding high-risk activities that have historically led to significant environmental impacts (e.g., treatment, storage, and disposal sites (TSDFs); large quantity generators (LQGs) of hazardous waste; and hazardous air pollutant emissions from major sources; etc.). With the recent invigorated interest associated with Environmental Justice reviews nationwide, EPA is committing significant resources to a stronger enforcement posture.
1 – FY 2022-2026 EPA Strategic Plan, United States Environmental Protection Agency (USEPA), March 28, 2022
2 – Enforcement Annual Results for Fiscal Year 2021 | US EPA
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First Objective Strategy
To address the first objective, “Hold Environmental Violators and Responsible Parties Accountable”, EPA has identified a four (4) part strategy:
- Taking Timely Enforcement Action: Commitment to implementing an aggressive enforcement program to address noncompliance.
- Using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements: Use policy and legal tools such as advanced monitoring, audits and independent third-party verification, electronic reporting, and increased transparency of compliance data to demonstrate compliance and where appropriate, achieve compliance as soon as possible.
- Strengthening Environmental Justice Through a Robust Enforcement Program: Use of EJSCREEN, in combination with local knowledge and resources to identify communities that may be disproportionally impacted by pollution.
- Tackling Climate Change Through Enforcement: Target violators of the American Innovation and Manufacturing (AIM) Act (i.e., reduce the use of hydrofluorocarbons [HFCs] that are potent GHGs), the Renewable Fuel Standard (i.e., increase the use of bio-based fuels), and regulations that apply to oil and gas sources and landfills to aggressively address climate change and GHG emissions.
These steps are intended to quickly identify and address environmental non-compliance scenarios that have potential or actual negative impact on the environment and applicable communities (e.g., threatening or contaminating soil and waterbodies, releasing toxics into the air, contaminated drinking water, etc.). By accelerating the discovery and mitigation of serious environmental non-compliance issues, EPA believes this approach will protect natural resources and potentially impacted communities and level the playing field for businesses that proactively focus on meeting and maintaining compliance with all applicable environmental permits, requirements and regulations.
Second Objective Strategy
The second objective, “Detect Violations and Promote Compliance”, that EPA has established to improvement environmental compliance focuses on the use of effective compliance tools (e.g., inspections, monitoring activities, and technical assistance supported by evidence and advanced technologies) to evaluate and monitor the regulated businesses and communities. Similar to the first objective, EPA has identified a four (4) part strategy for the second objective:
- Producing Timely Inspection Reports: Reduce the time from when EPA conducts an on-site inspection to the time that EPA provides the facility with a completed inspection report. Address compliance issues quickly to generate a direct benefit to the affected communities regarding alleged violations.
- Focusing Compliance Assurance Activities on Communities, Especially Those with Environmental Justice Concerns: Increase the percentage of inspections at facilities affecting overburdened communities. Advance the detection and resolution of noncompliance activities in communities with environmental justice concerns.
- Improving Compliance Assurance Data Management and Enforcement Targeting Capabilities: Effective use of data management and data science capabilities to improve compliance and enforcement. Improve the collection and management of compliance monitoring information through modernization of existing data systems and creation of new tools to streamline the compliance monitoring process.
- Tackling Climate Change Through Compliance Assurance: Advance the efforts to address climate change mitigation and adaptation issues through targeting, monitoring, and technical assistance (e.g., direct monitoring and targeting efforts of emission sources with the greatest potential for noncompliant emissions of GHGs; technical assistance on climate resilience to wastewater and drinking water facilities; and vigorous enforcement of regulations to prevent and deter the illegal importation of HFCs).
EPA’s strategic efforts to achieve the second objective relies upon the quick detection and resolution of non-compliance issues within the regulated community. Addressing non-compliance conditions as quickly as possible eliminates future environmental impacts and releases, especially upon communities with existing environmental justice concerns; uses technologies and electronic data reporting results to quickly identify non-compliance conditions; and educates the regulated community as needed on the applicable environmental requirements of concern and how to achieve and maintain compliance.
Conclusion
The regulated community should understand EPA’s enforcement strategy for the next four years and assess their operations to determine compliance and conformance with EPA’s objectives. A proactive stance towards ensuring environmental compliance as a baseline performance standard strengthens a company’s reputation in the community, raises awareness and improvement from its workforce and contributes to stronger financial performance by avoiding penalties and extended focus from the regulatory agencies. In addition, companies that proactively evaluate their potential impacts on the communities where they operate will benefit from the insight gained and better navigate their future. This evaluation should consider new technologies and processes that lead to minimizing or eliminating their various environmental impacts. These actions will demonstrate the company’s proactive steps to engage and support the goals and objectives of environmental justice.
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Managing EHS & ESG Risks Through Integrated Systems Today and Beyond
July 22, 2021
It has been more than 50 years since the development and establishment of the federal Environmental Protection Agency (EPA) and the federal Occupational Safety & Health Administration (OSHA) which were formed to protect our environment and workplaces across the United States. Significant laws, policies and regulations followed to establish the “regulatory programs” that all applicable businesses and entities must address and meet to ensure these compliance-driven legislative programs would create a foundation to protect our society.
TRC Announces Collaboration with Greenstone Reinforcing Integrated ESG, Sustainability and Climate Risk Solutions
June 26, 2020
The dominant trend in improving the efficiency and profitability of the logistics and supply chain industry will continue to be achieved through automation. Environmental, social and governance (ESG) issues can be important considerations for investments in this sector due to potential reputational risks for the acquiring entity. Key issues include negative publicity surrounding the perception of job elimination, as well as the procurement of specialty materials required to produce batteries and other components of autonomous robots. The recycling or responsible disposal at the end of the life of the product is also a key focus especially in Europe. TRC was asked to provide ESG risk screening for a foreign auto manufacturer’s investment in a U.S.-based autonomous robotics company. A two-step approach was taken to access the risks associated with this target. The first step evaluated the inherent risks of the target company’s sector based on its geographical spread and operations using public information like the Sustainability Accounting Standards Board (SASB) and the CDC Investment Works Toolkit. The second step involved deeper analysis of ESG risk assessments & insights based on a review of specific controls that the company uses to manage its risks. This included a questionnaire, reviewing company documents and programs, and interviewing company representatives.
COVID-19 and Implications for ESG Investing
June 3, 2020
This global pandemic has exposed business vulnerabilities and recalibrated material Environmental Social and Governance factors for investors.
EPA Finds Trichloroethylene Presents Unreasonable Risk in Final Risk Evaluation
April 6, 2023
On Jan 9, 2023, the United States Environmental Protection Agency (EPA) revised the Toxic Substance Control Act (TSCA) to reflect a new risk determination for trichloroethylene (TCE).
EPA Publishes Effluent Guidelines Program Plan 15
February 14, 2023
The EPA announced updated effluent limitations guidelines under Plan 15, focusing on the evaluation and rulemaking process for per- and polyfluoroalkyl substances (PFAS) discharges.
TRI PFAS Reporting Requirements Continue to Expand
January 25, 2023
The list of PFAS for TRI reporting has increased to a total of 189 for reporting year 2023.
Phase I ESA ASTM Standard Update: The Wait is Over
December 21, 2022
The USEPA published a Final Rule making the ASTM E1527-21 Phase I ESA standard AAI compliant.
PFAS Discharges in NPDES Permits
December 19, 2022
In a follow-up to the EPA Office of Water’s April 28, 2022 memo, EPA released “Part 2″, providing guidance for the NPDES permitting/pretreatment program as it relates to restricting discharges of PFAS to water bodies.
Proactive Enforcement is Key in the EPA FY2022-2026 Strategy
October 19, 2022
A core element of the EPA FY2022-2026 Strategic Plan focuses on environmental compliance.
Preparing for EPA Inspections in Environmental Justice Communities
October 4, 2022
The EPA Office of Enforcement and Compliance Assurance Have Expanded Goals to Strengthen Enforcement and Protections Within EJ Communities
Washington State Establishes PFAS Cleanup Levels
September 21, 2022
The Washington State Department of Ecology (Ecology) recently published a list of 6 PFAS compounds that now have soil and groundwater cleanup levels
New National Emerging Contaminants Research Initiative
September 12, 2022
The Executive Office of the President of the United States announced a National Emerging Contaminant Research Initiative
EPA Issues Proposed Rule Designating PFOA and PFOS as Hazardous Substances
September 7, 2022
The EPA has issued a pre-publication version of a proposed rule to designate two PFAS compounds as hazardous substances under CERCLA.
Five New PFAS Added to EPA Regional Screening Levels (RSLs)
June 24, 2022
EPA announced the addition of five new PFAS to the list of Regional Screening Levels (RSLs)
EPA Announces Updated Drinking Water Health Advisories for Four PFAS Chemicals: PFOS, PFOA, PFBS, & GenX
June 24, 2022
On June 15, 2022, the EPA released updated Health Advisory Levels for four per- and polyfluoroalkyl substances (PFAS) in drinking water
Climate Action and Environmental Justice are at the Forefront of EPA’s Strategic Plan
June 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.
Worst Case Discharges of Hazardous Substances – Proposed Rule
May 25, 2022
In compliance with the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) recently proposed a new rule for onshore non-transportation-related facilities requiring specified facilities to plan for worst case discharges (WCDs) of CWA hazardous substances that could cause substantial harm to the environment.
PFAS Discharges and NPDES Permits
May 25, 2022
On April 28, 2022, the U.S. Environmental Protection Agency’s (EPA) Office of Water released a memo addressing the use of National Pollutant Discharge Elimination System (NPDES) permits to restrict per- and poly-fluoroalkyl substances (PFAS) discharges to water bodies.
EPA Proposes Aquatic Life Criteria for PFOA and PFOS
May 25, 2022
On May 3, 2022, under the Clean Water Act (CWA), the United States Environmental Protection Agency (USEPA) proposed the first aquatic life criteria for both short-term and long-term toxic effects from Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS).
SEC Releases New Proposed Rules Requiring Public Companies to Disclose Climate Risks
April 12, 2022
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) issued its proposed rules for The Enhancement and Standardization of Climate-Related Disclosures for Investors which would require public companies in the U.S. to disclose information in their annual financial reports.
PFOA & PFOS As CERCLA Hazardous Substances: What Does This Mean and How Can You Be Prepared?
February 17, 2022
A plan to designate two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under CERCLA was recently submitted by the EPA.
EPA Proposes New Emissions Limits for Combustion Turbines
May 22, 2021
After 15 years of legal limbo, combustion turbines could be facing new emissions standards under a proposal introduced by the EPA.
EPA Finalizes Reversal of “Once In Always In” Air Pollution Policy
November 18, 2020
On October 1, 2020, the EPA finalized a ruling that no longer enforces the “once in, always in” air emissions policy.
Potential Impacts from EPA’s Proposed Waters of the United States Rule
July 24, 2019
The EPA is redefining which bodies of water are eligible for protection under the federal Clean Water Act – and which ones aren’t.
EPA Releases Clean Water Act Facility Response Plan Rule
June 19, 2024
This Regulatory Update is the first in a series summarizing the Rule and how it may affect your facility.
PM2.5 Annual NAAQS Revised
May 7, 2024
The U.S. EPA issued a final rule based on its reconsideration of its 2020 decision to retain the primary and secondary National Ambient Air Quality Standards (NAAQS) for particulate matter (PM) without revision.
What You Need to Know About MSHA’s Final Rule on Crystalline Silica Dust
April 8, 2024
Regulatory Changes Will Impact Mine Operators and Better Protect Employee Health and Safety.
Changes to EPA’s Risk Management Program (RMP) Regulations Are Here
April 3, 2024
Changes to the Risk Management Program (RMP) regulations were signed into a final rule on February 27, 2024, by EPA Administrator Michael S. Regan.
Changes to EPA’s Risk Management Program (RMP) Regulations Are Coming
April 14, 2023
Changes to the Risk Management Program (RMP) regulations were signed into a final rule on February 27, 2024, by EPA Administrator Michael S. Regan.
Phase I ESA ASTM Standard Update: The Wait is Over
December 21, 2022
The USEPA published a Final Rule making the ASTM E1527-21 Phase I ESA standard AAI compliant.
Proactive Enforcement is Key in the EPA FY2022-2026 Strategy
October 19, 2022
A core element of the EPA FY2022-2026 Strategic Plan focuses on environmental compliance.
Preparing for EPA Inspections in Environmental Justice Communities
October 4, 2022
The EPA Office of Enforcement and Compliance Assurance Have Expanded Goals to Strengthen Enforcement and Protections Within EJ Communities
New National Emerging Contaminants Research Initiative
September 12, 2022
The Executive Office of the President of the United States announced a National Emerging Contaminant Research Initiative
Climate Action and Environmental Justice are at the Forefront of EPA’s Strategic Plan
June 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.
CCR Removal and Its Effects on Soil and Groundwater Geochemistry
October 25, 2021
Many utilities are implementing corrective action at coal combustion residual (CCR) surface impoundments under Federal or State CCR Regulations, with implications for groundwater protection standards.
NJDEP Implements New Jersey Environmental Justice Law Through Administrative Order
October 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.
OSHA’s Call for Comments on Mechanical Power Press Standard Changes
September 30, 2021
OSHA has recently published a call for comment regarding mechanical power presses. The reason behind OSHA’s request is that the American National Standards Institute (ANSI) consensus standard for mechanical power presses has been updated numerous times since the implementation of OSHA’s standard.
Managing EHS & ESG Risks Through Integrated Systems Today and Beyond
July 22, 2021
It has been more than 50 years since the development and establishment of the federal Environmental Protection Agency (EPA) and the federal Occupational Safety & Health Administration (OSHA) which were formed to protect our environment and workplaces across the United States. Significant laws, policies and regulations followed to establish the “regulatory programs” that all applicable businesses and entities must address and meet to ensure these compliance-driven legislative programs would create a foundation to protect our society.
EPA Resource Conservation & Recovery Act (RCRA) Corrective Action (CA)
January 11, 2021
The EPA RCRA Corrective Action (CA) Program recently provides a review and update on CA set in 2004 and new CA set for 2030.
EPA continues to aggressively address PFAS wastewater with two new strategies
January 4, 2021
EPA takes steps toward PFAS wastewater and storm water permitting, and analytical methods for testing.
2020 TSCA Chemical Data Reporting (CDR)
December 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.
Ecological Risk of PFAS from AFFF-Impacted Sites
June 30, 2020
The facts on evaluating exposure to wildlife
TRC Chosen to Provide Array of Integrated Services on Midship Pipeline Project
August 28, 2018
TRC has been awarded contracts for environmental consulting, engineering and field services and another for stem-to-stern Engineer, Procure and Construct (EPC) contract for three compressor stations.
Kent Kading
Kent Kading leads TRC’s Environmental, Health and Safety (EHS) Services across the organization. He is responsible for the planning, operations, execution and delivery of EHS Services performed by TRC EHS engineers, scientists and specialists to our clients. He has over 30 years of experience leading EHS permitting, compliance and management system services for clients world-wide. Kent has significant experience developing, implementing and evaluating multi-media EHS compliance programs and management systems for various industrial clients. He has conducted comprehensive compliance audits, environmental/health risk assessments, process safety management/risk management plan development and support and air and water permitting projects at a variety of industrial facilities. He also has provided industrial clients across the United States with a variety of EHS Services including: air quality permitting and compliance; wastewater permitting and compliance; stormwater permitting and compliance; hazardous waste management; EPCRA reporting and compliance; OSHA/state programs health & safety compliance with program standards, including confined space, lockout tagout, hazard communication, walking-working surfaces, electrical safety, hot work and other industrial safety programs. Contact Kent at KKading@trccompanies.com.