The EPA announced on Monday that it has increased its on-site inspections of industrial sites that pollute the environment, which is the highest number since the beginning of the COVID-19 outbreak. This effort is part of the agency’s attempt to revitalize its enforcement program after facing budget cuts for over ten years.

The EPA announced that it has launched almost 200 criminal probes this year, which marks a 70% rise compared to 2022. Additionally, it has resolved almost 1,800 civil cases, an increase of 9% from last year. According to the agency’s report, the majority of these investigations and settlements focused on underprivileged communities that have been affected by pollution for a long time. This highlights the Biden administration’s prioritization of environmental justice concerns.

However, there are still some areas of the EPA’s enforcement actions that are falling behind. For instance, in 2023, there were 102 criminal charges filed. The Trump administration consistently filed more charges each year, but the increase was usually minimal. In the final years of the Obama administration, almost 200 defendants were charged. Recently, there has been a slight increase in the number of criminal cases opened by the EPA.

The EPA reported that their efforts in enforcing and ensuring compliance have led to a decrease, treatment, elimination, or reduction of 1.84 billion pounds of pollutants. In addition, violators were also required to pay a total of $704 million in penalties, fines, and restitution. This amount is a 57% increase from the previous year.

The rise is due to the fact that the number of enforcement personnel at EPA is still significantly lower than it was over ten years ago, despite plans to hire around 300 new positions. Since 2011, EPA has cut approximately 950 enforcement positions due to budget constraints.

In 2011, a budget and debt agreement was reached that included cuts to spending. According to David Uhlmann, the assistant administrator for enforcement at the EPA, these cuts had a significant impact on all agencies, particularly the EPA. The agency’s efforts to enforce regulations were also hindered by the ongoing pandemic, which started almost four years ago, and various actions taken by former President Donald Trump to reduce environmental regulations.

According to a statement from Uhlmann, the EPA’s enhanced enforcement program is having a beneficial impact on communities throughout the United States, especially for those residing in underprivileged and overburdened areas that have historically faced the greatest consequences of pollution. Although there is still more work to be done, progress is being made.

In an interview, Uhlmann, who was officially appointed as the EPA’s head of enforcement in July after a two-year delay, expressed that their efforts in enforcement are still facing difficulties at the agency responsible for environmental protection.

He stated that it is not possible to reverse years of reduced staff in just one year, but he is satisfied that the level of enforcement has returned to pre-pandemic levels.

“The EPA has ramped up its enforcement efforts nationwide,” he stated. “Those who have violated environmental laws are being held accountable.”

The Environmental Protection Agency filed a lawsuit against Norfolk Southern railway for a train accident in eastern Ohio that resulted in the release of dangerous chemicals and caused the evacuation of thousands of individuals. The government is seeking to hold the company accountable for the costs of cleaning up the site.

The agency filed a lawsuit against Denka Performance Elastomer LLC, claiming that their petrochemical activities in southern Louisiana pose a cancer risk to the predominantly Black community in the vicinity. The EPA has requested that the company decrease the amount of toxic emissions from their synthetic rubber manufacturing plant.

The Biden administration took legal action to assist the struggling water system in Jackson, Mississippi. The system experienced a severe breakdown in 2022 following a heavy rainstorm.

In the month of May, the EPA came to an agreement with a BP-owned branch, which mandated the company to decrease detrimental pollutants emitted from their refinery located in Indiana. Additionally, the company committed to paying a fine of $40 million in accordance with the Clean Air Act.

According to Uhlmann, the agency has identified climate change and environmental justice as key areas for enforcement, alongside addressing hazardous PFAS chemicals that have been connected to various health problems. Other focal points include coal ash contamination, ensuring safe drinking water, reducing toxic air pollution, and preventing chemical accidents.

Uhlmann, a longtime environmental law professor at the University of Michigan Law School, declined to give a letter grade to the agency’s overall efforts. But given budget constraints and other issues, his staff was “hitting it out of the park″ over the past year, he said.

Eric Schaeffer, current executive director of the Environmental Integrity Project and previous leader of the EPA’s Office of Civil Enforcement, stated that he would rate the administration with a “B” grade. He acknowledged their efforts in enhancing enforcement and implementing beneficial changes, but highlighted the need for further action.

He stated that there has not been any significant progress in terms of enforcing actions. Comparing to Trump sets a low standard.

The Trump administration’s enforcement efforts have been heavily criticized by Democrats and environmental groups, particularly during the COVID-19 pandemic. One senator even described it as a “pandemic of pollution” being unleashed.

During the Trump administration, the EPA made changes to rules regarding fuel efficiency and mercury emissions, and also suspended enforcement of various public health and environmental mandates. This decision was based on concerns that industries may struggle to meet these requirements due to the pandemic. The EPA made numerous other changes, including loosening regulations on monitoring, reporting, and reducing toxic pollutants, heavy metals, and emissions from fossil fuels.

Uhlmann stated that the EPA is dedicated to just and thorough enforcement of regulations addressing methane and other greenhouse gases, despite pushback from the oil and gas sector. The agency does not intend to harm any businesses.

The Environmental Protection Agency (EPA) reported that it has received around $1.1 billion through agreements for cleanup and reimbursement called Superfund. This brings the overall value of Superfund enforcement actions to $50 billion since its launch in 1980. Over 3,900 Superfund sites have been identified nationwide.

Source: wral.com