David Uhlmann, the Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (“OECA”), gave the keynote speech at the ABA Section of Environment, Energy, and Resources’ Fall Conference in Washington, D.C.. In his speech, Uhlmann discussed the strategic plan that the Agency is implementing to achieve fair and vigorous enforcement. The Administrator highlighted two requirements that are part of the EPA’s climate enforcement and compliance strategy. The first requirement is to focus on compliance activities that reduce emissions of the so called “highest impact—climate super-pollutants” such as methane and hydrofluorocarbons (“HFCs”). The second requirement is to target facilities most likely to be affected by climate change based on how frequently the geographic area is impacted by catastrophic weather events. The intended impact of this approach is to reduce risk of future harm to the environment or community.

Uhlmann also discussed the National Enforcement and Compliance Initiatives (“NECIs”) which are meant to address the most serious and widespread environmental challenges facing the country. Along with two initiatives continuing from

the previous cycle, EPA introduced or modified four NECIs this cycle. These new or updated initiatives include the Mitigating Climate Change NECI, which focuses enforcement resources on what EPA says are three significant contributors to climate change: (1) methane emissions from oil and gas facilities, (2) methane emissions from landfills, and (3) the use, importation, and production of HFCs. The Per- and Polyfluoroalkyl Substances (“PFAS”) NECI will identify the extent of PFAS exposure that EPA says poses a threat to human health and the environment and will pursue responsible parties for those exposures. The Coal Ash NECI focuses on examining nearly 300 facilities nationwide that are responsible for approximately 775 coal ash units, which EPA says are associated with cancer and other serious health effects. The Agency has modified its Air Enforcement initiative to add a geographical focus. Each EPA Region will identify at least two or three overburdened communities that face significant pollution from hazardous air pollution and will work with their state partners to drive down those unhealthy exposures.

The revitalization of these programs is meant to center the efforts of the Agency on seeking environmental justice for underserved communities. You can read the full speech here.