Obama administration signals emphasis on environmental enforcement | 15th Jul 2009

A number of recent signals by the Obama administration point to a more aggressive approach to the enforcement of environmental compliance. President Obama's proposed $10.5 billon budget for the U.S. Environmental Protection Agency (EPA) includes approximately $600 million for the EPA's Enforcement and Compliance Assurance Program, the largest allocation in the agency's 39-year history.

 

With the increased attention to environmental compliance and enforcement, facilities may find state and federal agency inspectors taking a close look at current environmental practices. This leads our clients to some important questions:

 

• Are we ready for an agency inspection?
• When was our last voluntary environmental compliance audit conducted?
• Would we be prepared for a surprise regulatory inspection? 

 

An Overview

The funding increase for the EPA's Enforcement and Compliance Assurance Program will allow both the EPA and the Department of Justice's Environmental and Natural Resource Division to expand its criminal and enforcement staff. This expanded workforce will have a particular focus on criminal and civil air and water pollution violations.

The Obama administration further demonstrates its commitment of environmental enforcement with the nomination of Cynthia Giles as assistant administrator for the Office of Enforcement and Compliance Assurance (OECA). Ms. Giles is a former federal prosecutor and attorney with a public-interest environmental advocacy organization.  During her April 2009 Senate confirmation hearing, Giles said she was prepared to carry out Administrator Lisa Jackson's pledge that under the Obama EPA , "the environmental cop will be back on the beat."

Below is a snapshot of enforcement agendas under existing legislation.

 

Enforcement under the Clean Air Act

 

The OECA has identified enforcement of pre-construction permitting requirements under the Clean Air Act, referred to as the 'new source review' (NSR) requirements, as an enforcement priority.  The EPA has identified coal-fired electric utilities, cement manufacturing facilities, sulfuric and nitric acid manufacturing facilities and glass manufacturing facilities as targeted industries for this enforcement activity.

 

In addition, with the recent publication of the EPA's proposed mandatory greenhouse gas (GHG) reporting rule, affected entities can expect enforcement priorities to shift toward the new reporting rules in 2011. In anticipation of the EPA's pending GHG regulation, all sources would benefit from an assessment and quantification of their emissions to ensure that their facilities are prepared to comply with the new GHG regulations.

 

As part of a new air toxics monitoring initiative, the EPA and state and local air pollution control agencies will be monitoring the outdoor air around schools and other sensitive areas.  Based on the results of air monitoring activities, the EPA will take action as needed to ensure that nearby industrial facilities are in compliance with clean air regulations.

 

Enforcement under the Clean Water Act

 

In a memorandum dated July 2, 2009, Administrator Jackson emphasized the need to improve the nation's water quality through transparency and effective enforcement of the Clean Water Act. Enforcement activities will continue to focus on storm water management, spill prevention control and countermeasures requirements, and other wet weather pollution programs. 

 

This year, the EPA has already issued penalties to a variety of industrial facilities, including petroleum production and distribution facilities, for failure to prepare Spill Prevention Control and Countermeasures plans. 

 

WSP can help!

 

WSP Environment & Energy's environmental compliance professionals can help your business evaluate and minimize its environmental compliance risk. Our professionally certified compliance specialists average more than 10 years of industry experience with third-party compliance audits, regulatory inspection support, and interactions with regulators on behalf of our clients in environmental, health and safety matters. 

 

For more information, please contact Bruce Martin at +1 703 709 6500 or bruce.martin@wspgroup.com.