EPA Proposes Adding PFAS to National Enforcement and Compliance Initiatives

The U.S. Environmental Protection Agency (EPA) has announced that it’s seeking public comment on its proposal to address environmental justice, climate change, and perand polyfluoroalkyl substances (PFAS) contamination in its current National Compliance Initiatives (NCIs).

Every four years, EPA selects national initiatives to focus resources on serious and widespread environmental problems where federal enforcement can make a difference. The primary objective of these initiatives is to protect human health and the environment by holding polluters accountable through enforcement and assisting regulated entities to return to compliance.

The EPA proposes to continue four of the six current national initiatives during the fiscal year (FY) 2024-2027 cycle and return two of the current national initiatives to the core enforcement and compliance program. In addition, EPA proposes to address environmental justice concerns in all NCIs, and to add the two new NCIs—on mitigating climate change and PFAS pollution—in the FY 2024-2027 cycle.

“The national enforcement and compliance initiatives identify serious environmental challenges where EPA can make a difference through a coordinated national approach,” said Larry Starfield, acting assistant administrator for the EPA Office of Enforcement and Compliance Assurance. “We look forward to receiving public comment on our proposals, which include both familiar and emerging issues. Of particular importance, we have built environmental justice considerations firmly into every initiative in order to protect vulnerable communities.”

Criteria for Selecting Initiatives

In selecting initiatives for the FY 2024-2027 cycle, EPA will consider the following three criteria to evaluate the existing and proposed new initiatives:

S Address serious and widespread environmental issues and significant violations impacting human health and the environment, particularly in overburdened and vulnerable communities.

S Determine where federal enforcement can help ensure national consistency and promote a level playing field and achieve compliance.

S Align the initiatives with the agency’s strategic plan.

Proposed Initiatives

The EPA is proposing to continue the following four current NCIs:

S Creating cleaner air for communities by reducing excess emissions of harmful pollutants.

S Reducing risks of accidental releases at industrial and chemical facilities.

S Reducing significant noncompliance in the National Pollutant Discharge Elimination System program.

S Reducing noncompliance with drinking water standards at community water systems.

It’s also proposing to return these two current NCIs to the core enforcement and compliance programs:

S Reducing toxic air emissions from hazardous waste facilities.

S Stopping aftermarket defeat devices for vehicles and engines.

Comments are also being solicited by EPA on whether to add an NCI to address coal combustion residuals pollution and/or lead contamination. The agency is also accepting additional suggestions from the public.

Name Change for Initiatives Program

While formal enforcement remains the key tool to address serious environmental problems and significant violations, as well as create general deterrence, EPA also uses a variety of compliance assurance tools to achieve this objective. To reflect this comprehensive approach, EPA has changed the name of its priority initiatives from National Compliance Initiatives to National Enforcement and Compliance Initiatives (NECIs).

For more information and to comment on the proposal go to www.epa.gov. S