The U.S. Environmental Protection Agency is soliciting public comment and recommendations on the National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027.
The EPA focuses enforcement and compliance resources on the most serious and widespread environmental problems by developing and implementing national program initiatives. The initiatives are a mix of those currently underway, modifications to these existing initiatives, and potential new initiatives under consideration.
The new initiatives related to groundwater are as follows.
Mitigating Climate Change: A potential climate NECI would seek to combat climate change through a focus on reducing noncompliance with the illegal import, production, use, and sale of hydrofluorocarbons (HFCs) pursuant to the American Innovation and Manufacturing Act of 2020.
Addressing PFAS Contamination: A potential PFAS (per- and polyfluoroalkyl subtances) NECI would focus on implementing the commitments to action made in EPA’s 2021-2024 PFAS Strategic Roadmap. In the roadmap, the EPA committed to holding polluters and other responsible parties accountable for their actions, ensuring that they assume responsibility for characterization and remediation efforts and prevent future releases of PFAS.
Reducing Exposure to Lead: The EPA has existing efforts to tackle lead contamination in all environmental media. Exposure to lead is one of the country’s most pressing environmental and human health concerns. Americans can be exposed to lead via lead-based paint, drinking water, soil, and air emissions.
Ongoing exposures to lead in the environment present a health risk to many people nationwide, especially in communities overburdened by pollution. EPA seeks comment on whether, in addition to the existing lead strategy, we should identify our lead enforcement commitments as a new NECI.
Addressing Coal Combustion Residuals: The EPA has ongoing efforts to address noncompliance with RCRA (Resource Conservation and Recovery Act) regulations for the safe disposal of CCRs, commonly known as coal ash, from coal-fired power plants.
There are approximately 300 CCR facilities nationwide, comprised of 772 CCR units (239 CCR landfills and 533 CCR surface impoundments). However, these facilities are not evenly distributed throughout the country with approximately 45 percent located in eight states — Iowa, Illinois, Kentucky, Michigan, Missouri, North Carolina, and Texas.
Most CCR impoundments and landfills are unlined, allowing metals and other contaminants to leach into groundwater. The impact or harm to human health and environment from CCR noncompliance is significant and can occur through direct exposure to impoundment wastewater or consumption of contaminated drinking water. The EPA seeks comments on the idea of a CCR-focused NECI to reduce noncompliance in this sector.
NGWA is evaluating the impacts of each initiative on groundwater quality and its membership and plans to comment where appropriate.
Comments are due to EPA by March 13, 2023. Comments must be identified by Docket ID No. EPA-HQ-OECA-2022-0981 and can be sent through the Federal eRulemaking Portal.