U.S. Environmental Protection Agency
EPA Enforcement and Next
Generation Compliance
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Midwest Environmental Compliance
Conference
Chicago, I l l inois
David H indin , U .S. EPA
October 29 , 2015
EPA Enforcement Goals
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Tough civil and criminal enforcement for violations
that threaten communities and the environment
Vigorous enforcement program for the future -
Next Generation Compliance
Strong EPA/state/tribal environmental protection
U.S. Environmental Protection Agency
Why Next Gen Compliance
Drivers
Noncompliance
Information gaps
Government resources
Opportunity
Advanced Monitoring Technology
Information Technology
Expand use of best and innovative practices
U.S. Environmental Protection Agency
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Development of Next Generation Compliance
Outgrowth of Clean Water Action Plan, which
was collaboration with states (2011)
OECA Assistant Administrator article in The
Environmental Forum (2013)
U.S. EPA National Program Manager Guidance
for Enforcement since 2013
The Changing Paradigm of Air Pollution
Monitoring article (August 2013)
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U.S. Environmental Protection Agency
Next Generation Compliance – What is it?5
U.S. Environmental Protection Agency
Regulation and Permit
Design
Advanced Monitoring
Electronic Reporting
Transparency
Innovative Enforcement
1. More Effective Rules and Permits
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Applicability and simplicity
Structural: compliance easier than
noncompliance
Self-monitoring and third-party monitoring
E-reporting and transparency
Market forces and incentives
U.S. Environmental Protection Agency
Rules and permits structured to promote compliance
New Rule for Petroleum Refineries
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Refineries must conduct
fenceline monitoring to
ensure neighboring
communities are protected
Action level/trigger
Most recent annual average
recalculated every two
weeks so companies can
keep emissions well below
the annual standard
U.S. Environmental Protection Agency
New Rule for Oil and Gas
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Companies required to install
emissions reduction
equipment at oil and gas
wells
Streamlined reporting option
allows companies to submit
list of completed gas wells
with digital date and GPS
stamped photos showing
equipment installation
U.S. Environmental Protection Agency
2. Advanced Monitoring Technologies
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Real-time monitoring –knowing about pollution as it’s happening
Facility feedback loops –preventing pollution before it happens
Fenceline monitoring
Community monitoring
Remote sensing
U.S. Environmental Protection Agency
Monitoring buoy in Charles River collects and transmits data to a
public website
Working Definition of “Advanced Monitoring”
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1. Not yet widespread in a sector or
program;
2. Monitors real-time (or near), often
without lab lag times;
3. Less expensive, easier to use, or
more mobile;
4. Data quality more complete or
easier to interpret for a specific
need; and/or
5. Existing technology used in new
way to provide better info on
pollutants, pollution sources, or
environmental conditions.
U.S. Environmental Protection Agency
Advanced Monitoring: Infrared camera makes invisible
pollution visible.
U.S. Environmental Protection Agency 13
Example from EPA Region 10
Leaking equipment at bulk gasoline distribution terminal.
U.S. Environmental Protection Agency
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New Technologies Will Revolutionize
Environmental Monitoring
U.S. Environmental Protection Agency
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Current Technology• Expensive• Big footprint to house and
requires power drop• May require expertise to
use• May require lab analysis• Collected by government,
industry, researchers per established QA
New Technology• Low cost• Small footprint or
mobile• “Easy-to-use”
• Real time• Collected by
communities and individuals w/ less QA?
Advanced Monitoring Will Improve
Environmental Protection and Reduce Pollution 17
U.S. Environmental Protection Agency
NPR story on industry use of advanced monitoring
Ability of individuals to make personal risk decisions
Targeted inspections and more effective enforcement
Local community awareness of environmental quality
Democratization of Environmental
Monitoring
U.S. Environmental Protection Agency
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Link to Example of Citizen Science - AirBeam
3. Electronic Reporting
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Information technologies make new
solutions possible
Smart tools and 2-way communication
Wastewater e-reporting rule finalized
September 2015
Agency Deputy Administrator memo to
make e-reporting default in new rules
U.S. Environmental Protection Agency
One example of a private sector e-reporting tool
integrated with government regulations (IRS)
4. Increased Transparency
U.S. Environmental Protection Agency
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Evidence that effective
transparency drives performance
Drinking Water Consumer
Confidence Reports
Restaurant health inspection
grades
Mailed report on compliance resulted in:
Total violations: down 30-44%
Health violations: down 40-57%
*Bennear & Olmstead, Journal of Environmental Economics and Management (2008).
Features of a Strong Transparency Program
Better compliance supported by:
Information about specific facilities
and locations
Real-time information that allows for
quick feedback
Available all the time to everyone on
the internet
U.S. Environmental Protection Agency
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5. Innovative Enforcement
U.S. Environmental Protection Agency
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Use Next Gen tools in
enforcement settlements
Enhance targeting and
data analysis to identify
and address most serious
violations
New enforcement
approaches
Next Gen in Civil Settlements
U.S. Environmental Protection Agency
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Since January 2015, EPA civil enforcement staff must consider Next Generation Compliance tools in all cases and include them in settlements when appropriate
Innovative Enforcement
U.S. Environmental Protection Agency
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Marathon Petroleum Corporation Clean Air Settlement
Required to use infrared gas-imaging camera at fuel storage tanks to identify potential defects that may cause excessive emissions
If defects found, Marathon will conduct up-close inspections and perform repairs where necessary Marathon Petroleum Company (Detroit, Michigan)
Innovative Enforcement
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Clean Air Act settlement with BP Whiting (Indiana) Fence line monitors
located in consultation with
EPA and community
Data reported weekly on
public web site
Facility must review data
with community at their
request
U.S. Environmental Protection Agency
Innovative Enforcement
U.S. Environmental Protection Agency
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RCRA Settlement with Total Petroleum Puerto Rico Fully automated release
detection monitoring at 125 facilities
Transmit monitoring data to central location
Innovative Enforcement
U.S. Environmental Protection Agency
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Clean Air Act Settlement with Noble Energy Infrared camera inspections of
vapor control systems and tanks
Pressure monitors with continuous data reporting
A third-party audit of the vapor control systems
Post vapor control system engineering evaluations and modifications to provide other companies the opportunity to learn from findings and apply them to their own storage tanks