OFFICE OF ENFORCEMENT
AND COMPLIANCE ASSURANCE

Climate Change Adaptation
Implementation Plan

OCTOBER 2022

1

-------
Disclaimer

To the extent this document mentions or discusses statutory or regulatory authority, it does so for
informational purposes only. This document does not substitute for those statutes or regulations,
and readers should consult the statutes or regulations to learn what they require. Neither this
document, nor any part of it, is itself a rule or a regulation. Thus, it cannot change or impose
legally binding requirements on EPA, states, federally recognized tribes (tribes), the public, or
the regulated community. Further, any expressed intention, suggestion or recommendation does
not impose any legally binding requirements on EPA, States, tribes, the public, or the regulated
community. Agency decision makers remain free to exercise their discretion in choosing to
implement the actions described in this Plan. Such implementation is contingent upon
availability of resources and is subject to change.

2

EPA Publication Number: 305B22002

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

SEP 12 2022

^£°Sr%

P	ro

$	2	DEPUTY ADMINISTRATOR

USEfci

N

Preface

Climate change is threatening communities across the nation. Millions of Americans feel the
destructive effects of climate change each year when the power goes down, rivers and lakes
go dry, homes are destroyed by wildfires and communities are flooded by hurricanes.
Underserved communities are especially vulnerable to the climate crisis and are more likely
to experience the negative health and environmental effects of extreme weather events.

The Biden-Harris Administration is actively confronting the climate crisis while also
advancing environmental justice. As part of a whole-of-government approach, the U.S.
Environmental Protection Agency is strongly committed to taking the actions necessary to
protect human health and the environment and to increase the resilience of the entire nation,
even as the climate changes.

The EPA's commitment to action is reflected in its FY 2022-2024 Strategic Plan and in the
2021 Climate Adaptation Action Plan. Both documents present priority actions the agency
will take to ensure that its programs, policies and operations remain effective under future
climate conditions while we work to support states, territories, tribes and communities in
increasing their own adaptive capacity and resilience to climate change impacts.

From flooding at Superfund sites, to wildfires causing air pollution, to sea-level rise affecting
water quality and infrastructure, the EPA will boldly address climate impacts in both its
programs and the communities it serves. We recognize the importance of tribal, state and
local government partnerships in efficient, effective and equitable implementation of climate
change adaptation strategies. Our plans were informed and improved by input we received in
listening sessions we held to engage these and other partners as we developed these plans.

To ensure we are addressing the climate crisis in a comprehensive way, each of our national
program and regional offices has developed individual Climate Adaptation Implementation
Plans that outline how the EPA will attain the agencywide goals described in the broader
Climate Adaptation Action Plan. These plans describe how programs and regions will
integrate climate adaptation into their programs, partnerships and operations. They also
describe how they will help partners build their resilience and capacity to adapt, while
delivering co-benefits, including curbing greenhouse-gas emissions and other pollution, and

3

-------
promoting public health, economic growth and climate justice. Of course, the EPA has a
major role to play on emissions reductions as well, though that is not the focus of these plans.
Indeed, we must focus on both climate adaptation and mitigation to ensure our nation and
communities thrive in an era of climate change.

As part of this effort, we will empower our staff and partners by increasing awareness of how
climate change may affect our collective ability to implement effective and resilient
programs. We will also provide them with the necessary training, tools, data, information and
technical support to make informed decisions and integrate climate adaptation into our work.

The EPA will work to modernize its financial assistance programs to encourage climate-
resilient investments across the nation. We will also focus on ensuring that investments
funded by the Bipartisan Infrastructure Law, the Inflation Reduction Act and other
government programs are resilient to the impacts of climate change. Finally, as our
knowledge advances and as impacts continue to develop, our response will likewise evolve.
We will work to share these developments to enhance the collective resilience of our nation.

The actions outlined in these implementation plans reflect the EPA's commitment to build
every community's capacity to anticipate, prepare for, adapt to and recover from the
increasingly destructive impacts of climate change. Together with our partners, we will work
to create a healthy and prosperous nation that is resilient to the ever-increasing impacts of
climate change — which is vital to the EPA's goal of protecting human health and the
environment and to ensuring the long-term success of our nation.

Janet G. McCabe

4

-------
TABLE OF CONTENTS

Executive Summary	7

1.	Leadership	8

2.	Vulnerabilities Assessment	8

I.	Background	8

II.	OECA Challenges in Addressing Climate Change Vulnerabilities	9

A.	OECA's Mission	9

B.	OECA Challenges	10

i.	Civil Enforcement and Compliance Assurance:	10

ii.	Criminal Enforcement:	11

iii.	Data and Reports:	11

iv.	Staffing and Resources:	12

III.	Efforts to Address Challenges and Barriers to Action	12

3.	OECA Activity	13

I.	Priority Actions	14

A.	FY 2022 Priority Actions	14

i.	Complete OECA's Climate Adaptation Implementation Plan:	14

ii.	Create an OECA Climate Adaptation Network:	15

iii.	Climate Adaptation Training:	16

iv.	Initiate Discussions to Track Climate Components of Enforcement and Compliance
Activities:	16

v.	Update OSRE Model Language for Remedial Investigation/Feasibility Study (RI/FS)
Agreements:	17

B.	FY 2023 Priority Actions	18

i.	Incorporate Consideration of Climate into OECA's Enforcement Priority-Setting
Activities:	18

ii.	Track and Report Climate Components of Enforcement and Compliance Activities:.... 18

iii.	Continue Development of OSRE Enforcement Guidance:	19

iv.	Modify Additional OSRE Model Orders, Settlement Tools, and Enforcement Policy
Documents to Incorporate Climate Adaptation:	20

v.	Ensure Adequate Financial Assurance Coverage for Cleanup Response Costs:	20

vi.	Link Agency Climate Adaptation Resources to Online Portals:	21

II.	Additional Actions	21

i.	Continue Disaster Mitigation and Recovery Activities:	21

ii.	Require Consideration of Climate Change in All Civil Enforcement Cases:	22

5

-------
iii.	Incorporate Consideration of Climate Adaptation into Targeting and Enforcement at
Federal Facilities:	22

iv.	Initiate Reporting on GHG Emission Reductions Achieved Through EPA Enforcement
Cases:	22

4.	OECA Training Plan for Enhancing Staff Knowledge About Climate Adaptation	22

5.	OECA Science Needs	23

6.	Conclusion	23

6

-------
Executive Summary

The Agency will face many challenges due to the climate crisis; many of these challenges
will be programmatically unique and will require a focus within EPA to identify leadership,
vulnerabilities, barriers, and actionable opportunities to adapt our programs and processes to the
impacts from climate change that are unavoidable and/or mitigate potential future changes that
are unmanageable. Toward that goal, the Office of Enforcement and Compliance Assurance
(OECA1) has developed this Climate Adaptation Implementation Plan (OECA Plan) through the
lens of the enforcement and compliance assurance program to support the Agency's and
Administration's climate adaptation goals. It should be noted that this plan is a living and
dynamic document that will be revisited and adjusted to accommodate the intricacies of OECA,
its functions, and resource availability.

In addition, this plan goes beyond simply assessing the enforcement and compliance
assurance program from a climate focus and identifying challenges to outlining concrete steps
OECA will take in Fiscal Years (FY) 2022 and 2023 to advance the Agency toward its climate
adaptation goals. These FY 2022 and FY 2023 Priority Actions include the capacity building and
foundational work that in subsequent years we will utilize and build upon to further integrate
climate change considerations into EPA's enforcement program nationally. For example, one of
OECA's Priority Actions is the development of a Climate Adaptation Network, consisting of
headquarters and regional enforcement staff that will help collaborate and share climate change
adaptation-related solutions and experiences across all enforcement and compliance assurance
programs. OECA will integrate climate change adaptation and mitigation considerations when
developing and implementing national program priorities and provide national leadership on
targeting and civil enforcement matters. Additionally, OECA will be developing a training
module, programmatic guidance, and templates for staff to ensure consistency across the
Agency's compliance and enforcement programs. Moreover, we will engage in discussions with
the regional Enforcement and Compliance Assurance Divisions (ECADs) on how to develop and
design a tracking system or modify existing tracking systems to better understand how
compliance monitoring and enforcement activities contribute to the Agency meeting its climate
change adaptation goals.

While the plan focuses on actions OECA is planning on taking, it also makes note of
resource, personnel, and scientific needs that may affect the timing of completing these actions
and data availability as a result of these actions. Such needs are challenges that will impact
OECA's ability to implement the climate change adaptation efforts outlined in this plan.
Additional scientific study is also needed to track the quantification of the impact of resilience
activities.

1 Unless specified otherwise, references in this document to "OECA" refer to OECA's headquarters staff.

7

-------
1. Leadership

The 2022 OECA Climate Adaptation Implementation Plan supports the EPA's Climate
Adaptation Action Plan2 and the Administration's government-wide efforts to tackle the climate
crisis.3 The Principal Deputy Assistant Administrator for OECA, Larry Starfield, is designated as
OECA's Senior Career Leader and will oversee the climate change adaptation activities
described in the OECA Plan. The OECA Climate Adaptation Workgroup, consisting of
representatives from each OECA office and several regional ECADs, will support OECA's
Senior Career Leader.

2. Vulnerabilities Assessment
I. Background

The global climate is changing at a rate unprecedented in human experience and is
affecting people in every region of the United States.4 Many consequences of climate change
have already been identified, such as likely increases in ambient ozone levels and concentrations
of particulate matter,5 which pose increased health risks especially for those facing
disproportionate rates of exposure. Extreme weather events, such as more intense precipitation
and increased drought, are occurring along with an increase in the intensity of fires, hurricanes,
extreme temperature swings, and other natural disasters.6

Considering such changing conditions, the EPA Climate Adaptation Action Plan
discusses the potential Agency vulnerabilities caused by the impacts from climate change. In
particular, and as described in the Agency-wide plan, the Agency's personnel safety, facilities,
and communications can be adversely affected by increased frequency and severity of extreme
weather events.7 All EPA offices and regions, including OECA, share in the effort to address
these vulnerabilities and the broad impact they could have on mission, facilities, and regular
operations. OECA will continue to work with and follow guidance from the Office of Mission
Support as the Agency takes steps to protect the safety and operational capability of all EPA
employees and facilities.

In addition to Agency-wide vulnerabilities, other challenges to addressing climate change
vulnerabilities are more specific to OECA. OECA, in partnership with authorized states,
federally-recognized Indian tribes, territories and other co-regulators, plays an important role in
protecting public health and the environment by monitoring compliance with environmental laws
and ensuring that violations of those laws are promptly addressed and that cleanup obligations

2	See https://www.epa.gov/sYStem/files/documents/2021-09/epa-climate-adaptation-plan-pdf-version.pdf.

3	See Executive Order 14008, Tackling the Climate Crisis at Home and Abroad,
https://www. govinfo. gov/content/pkg/FR-2021-02-0 l/pdf/2021-02177.pdf.

4	See IPCC AR6 Chapter 1, Page 13; EPA, Fiscal Year 2022 Toy Management Challenges. Page 5.

5	See IPCC AR6 Chapter 5, Pages 23, 25 (stating anthropogenic forcings, caused by greenhouse gases, have likely
caused the wanning in ozone levels); EPA, Fiscal Year 2022 Toy Management Challenges. Page 5.

6	See IPCC AR6 Chapter 11, Page 6 (stating small increases in global warming have been linked to cause
unprecedented weather events).

7	EPA, Fiscal Year 2022 Toy Management Challenges. Page 7; FEMA, 2021 National Preyaredness Revort. Page
3.

8

-------
are honored. The impacts of climate change (e.g., wildfires, extreme heat and cold, droughts,
floods, sea level rise and storm surge, and melting permafrost) are likely to result in increased
noncompliance by regulated entities, cleanup challenges for EPA and responsible parties, and a
corresponding increase in threats to public health and the environment. The Agency's
compliance assurance and enforcement work may therefore be affected by climate change
impacts directly (e.g., ability to effectively deploy monitoring resources) or indirectly
(responding to impacts on the regulated community).

OECA recognizes that climate change will have more severe effects on vulnerable
populations (such as low-income communities and communities of color, children, and the
elderly), and on indigenous communities, Alaskan Native Villages, and Indian country.8
Identifying and understanding these communities' potential vulnerabilities to climate change will
be critical to ensuring OECA is able to fulfill its mission. Without concerted focus and adequate
tools to address noncompliance and cleanup impacts, the consequences of climate change will be
borne disproportionately by these communities.9 OECA's climate adaptation efforts will overlap
significantly with our efforts to promote environmental justice (EJ),10 and OECA will make
addressing these areas of overlap a priority.

OECA is also committed to ensuring that the Plan considers and protects tribal treaty and
reserved rights in order to meet the Agency's legal and statutory obligations and policy priorities
as we work to combat the climate crisis. Under the United States Constitution, treaties with tribal
nations are part of the supreme law of the land and establish unique sets of rights, benefits, and
conditions for the treaty-making tribes.11 As a practical matter, this means that under this Plan,
OECA plans to engage in consultation with federally recognized Indian tribes consistent with
EPA's Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing
Tribal Treaty Rights, which complements the Policy on Consultation and Coordination with
Indian Tribes. OECA's Plan is guided by an interagency Memorandum of Understanding that
committed EPA and other federal agencies to identify and protect tribal treaty rights early in our
decision-making and regulatory processes, Agency and interagency approaches to identifying
and using, as appropriate traditional ecological knowledge, and enforcement-specific documents,
including OECA's Guidance on the Enforcement Principles Outlined in the 1984 Indian Policy
and the Restrictions on Communication with Outside Parties Regarding Enforcement Actions.

II. OECA Challenges in Addressing Climate Change Vulnerabilities

A. OECA's Mission

OECA is charged with ensuring compliance with environmental requirements, including
taking enforcement actions to protect communities disproportionately affected by pollution and a

8	EPA. 2021. Climate Change and Social Vulnerability in the United States: A Focus on Six Impacts. U.S.
Enviromnental Protection Agency, EPA 430-R-21-003; FEMA, 2021 National Preparedness Report. Page 3.

9	EPA, Fiscal Year 2022 Toy Management Challenges. Page 13.

10	EPA Press Release, New Enforcement Strategy Advances President Biden 's Environmental Justice Agenda. May
5, 2022.

11	Treaty rights and reserved rights can include the recognition of property rights in land and resources as well as
federal protections. Treaty and reserved rights, including but not limited to the rights to hunt, fish and gather, may be
found both on and off-reservation lands.

9

-------
changing climate.12 OECA interacts extensively with EPA Program Offices, EPA Regions, other
federal agencies, state, territorial, tribal, and local government agencies and the regulated
community, to gather information, provide guidance and assistance, require compliance, and
resolve violations. Many enforcement and compliance assistance activities are conducted by our
regional partners and by authorized state, territorial, tribal, and local government partners, with
OEC A playing an oversight and coordination role. Our unique challenges relate primarily to
these functions.

B. OECA Challenges

We have already seen a wide range of impacts associated with human-induced climate
change; however, the complete effects of climate change may not become apparent for some
time. Therefore, the following list of potential challenges to addressing climate change
vulnerabilities is not exhaustive. This list gives a snapshot of the challenges we anticipate OECA
will face in accomplishing our mission and suggests opportunities for adaptation to ensure
OECA can continue to fulfill its mission.

Civil Enforcement and Compliance Assurance:

•	The likely increased demand for compliance monitoring and enforcement response
support during emergency/disaster situations (e.g., hurricanes, tornadoes, floods, drought,
wildfires)13 may be difficult to meet in a timely manner or at all, given limited resources.

•	If the impacts from climate change make it difficult for facilities to comply with
environmental laws and with obligations in existing consent decrees and orders, it will be
more difficult for OECA to ensure compliance with laws intended to protect public health
and the environment. For example, to comply with their legal obligations, facilities may
need to assess changes to contingency plans and risk management plans for facilities
processing, treating, or storing chemicals and pesticides in areas prone to the adverse
impacts of climate change (e.g., along coasts affected by sea-level rise, floodplains, or
near wild-fire zones). More intense flooding and coastal storms, as well as sea level rise,
can endanger hazardous waste treatment, storage, and transportation facilities and lead to
contamination by releases from containers, landfills, underground storage tanks, and
contaminated areas. Remedies at Superfund sites also may be vulnerable to the impacts of
climate change and extreme weather events. Inundation and flooding may transport waste
and hazardous constituents out of containment sites, while increased salinity of aquifers
from sea level rise can degrade clay liners.14 And, as exhibited by the impacts from
hurricanes Harvey, Irma, Maria, and Ida, an increase in extreme weather events can do
significant and potentially long-term damage to drinking water facilities and sewage
treatment plants, resulting in contaminated drinking water and the discharge of untreated
sewage in violation of applicable requirements and to the detriment of public health.

These impacts in turn may lead to an increased need for enforcement activity, particularly
where conditions present an immediate threat to human health and the environment.

12	EPA, Fiscal Year 2022 Toy Management Challenges. Page 13.

13	IPCC AR6 Chapter 11, Pages 6, 7, 9.

14	IPCC AR6 Chapter 11, Pages 25, 51-63 (discussing the increased potential of severe flood events).

10

-------
•	It may be physically more difficult to conduct compliance evaluations and inspections in
the field due to harsher weather conditions and extreme weather events.15 The weather
conditions could have an adverse effect both on the physical well-being of inspectors, as
well as on equipment used to monitor and test compliance. Weather conditions and the
aftermath of extreme weather events may affect our ability to collect samples and
determine compliance.

•	Hurricane and flood damage to petroleum refineries and the fuel distribution
infrastructure (fuel terminals, pipelines, etc.), may result in both violations and fuel
shortages in storm-impacted areas as well as areas served by damaged refineries.16 In the
absence of built-in regulatory mechanisms to address such situations, processing requests
for enforcement discretion (e.g., requests for fuel waivers, requests for no action
assurances, coordination with DOE in use of its emergency authority under the Federal
Power Act) in the aftermath of climactic events such as hurricanes, floods and wildfires,
and periods of extreme heat or cold, could strain enforcement resources.17

ii.	Criminal Enforcement:

•	Extreme weather can both incentivize criminal violations of environmental law and
complicate subsequent investigations. EPA criminal investigations have addressed
facilities where facility managers intentionally discharged pollutants during an extreme
weather event, which they hoped would conceal their illegal conduct. Disruptions to
transportation infrastructure and governmental operations after events like major
hurricanes can delay investigators' ability to respond to potential crime scenes. Flooding,
fires, or other climate-related disruptions can also complicate efforts to collect
environmental samples or other forensic evidence.

iii.	Data and Reports:

•	Regulatory revisions in response to a more extreme climate may require data
development due to additional required monitoring/sampling/testing, and new reporting
requirements.18 It will be critical to develop regulations and recordkeeping requirements
that ensure compliance can be demonstrated and compliance status can be determined in
the most efficient manner under adverse conditions.

15	See IPCC AR6 Chapter 11, Page 6; FEMA, 2021 National Preparedness Report. Page 16.

16	See generally IPCC AR6 Chapter 11, Page 110 (discussing the 2015-16 Amazon drought which prevented access
to food, medicine and fuels).

17	FEMA, 2021 National Preparedness Report. Page 28.

18	See generally IPCC AR6 Chapter 11 (stating the increased severity of specific types of storms throughout the
chapter).

11

-------
zv.

Staffing and Resources:

•	There may be an increased need to revise existing compliance and enforcement policies
or develop new ones to address climate-related issues. Close coordination with authorized
state, territorial, tribal, and local government agencies will be required.

•	Rapidly changing and more extreme weather conditions may require additional efforts to
achieve and determine compliance.19 There may be an increased burden on compliance
and enforcement staff to provide support and ensure that new regulations or revisions to
existing ones are enforceable and have adequate record-keeping, reporting, data
collection, and monitoring requirements sufficient to demonstrate and determine
compliance.20

•	There may be an increased need for more frequent compliance determinations, including
a greater field presence to conduct site evaluations and monitor performance tests.
Continuing budgetary constraints at the state, territorial, tribal, and local government
levels will place a greater burden on EPA to respond to the increased need. Unless the
need is met, information on the compliance status of facilities may not be accurate or
reliable. In turn, the likelihood of identifying new, unpermitted sources and/or facilities in
noncompliance may be reduced.

•	The need for the Agency to respond to emergency/disaster situations may have an
adverse impact on the Agency's ability to consistently and effectively implement core
EPA compliance and enforcement activities (e.g., direct implementation programs,21
oversight of state/local programs), and invest in national compliance and enforcement
priorities.22

III. Efforts to Address Challenges and Barriers to Action

OECA's Plan formalizes OECA's ongoing efforts to address challenges resulting from
climate change vulnerabilities by increasing understanding and consideration of climate change
impacts on OECA's day-to-day work. While climate change is, by definition, a global problem,
the impacts of climate change disproportionately affect certain communities, namely those
already overburdened by environmental stressors and those with less access to resources to adapt
to and recover from climate change impacts. It is therefore imperative that OECA consider these
inequities in pursuing its climate change strategy and engage communities to understand their
needs and impacts. Addressing the disproportionate impacts of climate change also requires

19	See IPCC AR6 Chapter 11, Page 6; EPA, Fiscal Year 2022 Toy Management Challenges. Page 11-12; See
generally FEMA, 2021 National Preparedness Report. Page 5 (stating staffing and human health concerns caused
by simultaneous disasters).

20	EPA, Fiscal Year 2022 Toy Management Challenges. Pages 44-47.

21	EPA directly implements the vast majority of federal environmental programs in Indian country.

22	FEMA, 2021 National Preparedness Report. Pages 5, 16.

12

-------
acknowledging the unique role of tribes, including how our policies and activities may impact
treaty and reserved rights.23

OECA is beginning to build climate resiliency into our enforcement case resolutions; for
example, by considering relevant climate risks in resolution of water enforcement matters,
raising the issue of climate risks to regulated entities early in negotiations, and including, where
suitable, injunctive relief that will be resilient to projected impacts of climate change. In
appropriate circumstances, injunctive relief and Supplemental Environmental Projects (SEPs)
can also be important tools to help address climate change adaptation and mitigation, and deliver
protections for people in local communities that are disproportionately impacted by the effects of
climate change.24 OECA is also taking steps to integrate climate adaptation and resiliency into
our cleanup work through modification of model orders, settlement tools and enforcement policy
documents.

OECA is also taking concrete steps to enhance adaptation and resilience within the
regulated community; for example, by providing technical assistance to drinking water and
wastewater systems to help them return systems to compliance, build operator capacity, and
provide ongoing support for sustainable, clean, and safe water. As these and other compliance
assistance tools are rolled out along with climate adaptation resources from other parts of EPA,
OECA is working to increase external parties' awareness and use of these climate adaptation
tools. Increasing use of all adaptation tools, available through the EPA Climate Change
Adaptation Resource Center (ARC-X) website,25 will help ensure regulated entities have the
ability to achieve and sustain compliance with environmental laws despite the impacts from
climate change. Through these actions OECA is carrying out its mission to ensure compliance
with environmental laws while actively addressing the continual concern and increasing
challenge of climate change.

Resource constraints are and will continue to be a significant barrier for not only OECA
but also our state, territorial, tribal, and local government partners. Resource constraints limit not
only OECA's capacity to ensure compliance and assist our partners and impacted communities,
but also limit the ability of impacted communities to plan and achieve more resilient
infrastructure and systems.

3. OECA Activity

The OECA Plan focuses attention on priority actions OECA will take to fulfill our
mission and increase human and ecosystem resilience to the impacts from climate change.

OECA is responsible for setting national enforcement policy and priorities, and works with EPA
regional offices and in partnership with authorized state, tribal and territorial governments to
enforce the nation's environmental laws. The priority actions identified for FY 2022 and FY

23	See Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection
of Tribal Treaty Rights and Reser\>ed Rights (Aug. 4, 2021) and EPA's Tribal Treaty Rights in Consultation with
Tribes.

24	See 2015 Update to the 1998 U.S. EPA Supplemental Environmental Projects Policy (Mar. 10, 2015).

25	See EPA, Climate Change Adaptation Resource Center (ARC-X) https ://www.epa. gov/arc-x. Specifically, the
Tools for Climate Change Adaptation website with links to specific EPA tools, https://www.epa.gov/arc-x/tools-
climate-change-adaptation.

13

-------
2023 reflect OECA's role in providing national program leadership and will help integrate
climate adaptation into all programs and activities. These actions are intended to complement
climate adaptation activities being undertaken by regional enforcement programs, and to develop
the organizational infrastructure needed to expand climate adaptation efforts in future years. All
of OECA's proposed actions support EPA's Strategic Goal 1: Tackle the Climate Crisis, and
Strategic Goal 3: Enforce Environmental Laws and Ensure Compliance.26 In addition to the
priority actions listed in Section I, below, OECA is also undertaking additional climate
adaptation activities as described in Section II, below.

I. Priority Actions

This section highlights priority actions OECA is committed to implementing during FYs
2022 and 2023, consistent with our legal authority and contingent upon adequate available
resources. These priority actions are designed to address immediate climate adaptation needs and
to lay the groundwork to support future activities. OECA has identified five priority actions we
intend to implement during FY 2022 and six priority actions we intend to implement in FY 2023.
Additional priority actions will be developed for future fiscal years. The proposed priority
actions will help address anticipated challenges to OECA's ability to identify and react to
noncompliance and regulated entities' ability to achieve and sustain compliance with
environmental laws in light of the changing climate.

Each of the proposed priority actions will support the EPA-wide priority action to
integrate climate adaptation into all programs, policies, and operations.27 OECA has not received
any additional resources to implement the priority actions so we will need to reallocate staff time
to complete these priority actions. While these priority actions are important to help EPA's
enforcement program adapt to the climate crisis and ensure compliance with environmental laws,
absent additional resources, we may not be able to fully implement all of the priority actions as
described and may adjust activities to fit available resources. We do not plan to reallocate
resources if it would reduce OECA's substantive work to protect communities.

A. FY 2022 Priority Actions

Complete OECA's Climate Adaptation Implementation Plan:

Pursuant to the October 2021 EPA Policy Statement and EPA Climate Adaptation Action
Plan, OECA will, for the first time, develop and begin implementing an OECA Plan.
Development and implementation of the OECA Plan organizes OECA's climate adaptation
activities under a coordinated structure that will help identify, direct, and build needed capacity
throughout the national program over the next several years. The OECA Plan reflects OECA's
commitment towards achieving the Agency-wide climate adaptation goals while also ensuring
OECA's programs continue to take the necessary steps to prepare for a changing climate.

26	Draft FY 2022-2026 EPA Strategic Plan, (Oct. 1, 2021). https://www.epa.gov/svstem/files/documents/2021-
10/lv-2022-2026-epa-draft-strategic-plan.pdf

27	EPA, Climate Adaptation Action Plan, October 2022, pages 7-11.

https://www.epa.gov/svstem/files/documents/2021-09/epa-climate-adaptation-plan-pdf-version.pdf

14

-------
OECA's Office of Administration and Policy (OAP) is coordinating the development of
the OECA Plan. This work is supported by the OECA Climate Change Workgroup which is
composed of representatives from each OECA office and several regional ECADs. The
workgroup structure ensures all relevant OECA interests are considered in setting national
climate priorities for the enforcement and compliance assurance programs.

The OECA target for FY 2022 is to issue a final OECA Plan by the end of the fiscal year.
The OECA Plan will be updated as needed in future years, while new priority actions will be
developed for each subsequent fiscal year in accordance with the EPA FY 2022-2026 Strategic
Plan. Monitoring and tracking implementation of priority actions, future revisions to the OECA
Plan, and the annual development of new priority actions will continue to require a reallocation
of staff resources on an ongoing basis, a resource need that is expected to increase over time as
OECA continues to integrate climate adaptation into all programs.

ii. Create an OECA Climate Adaptation Network:

In FY 2022, OECA will establish an OECA Climate Adaptation Network (Climate
Network) composed of headquarters and regional enforcement staff that other enforcement
practitioners can turn to for assistance relating to consideration of climate adaptation-related
solutions in their respective offices. As OECA builds climate adaptation capacity within our
staff, a designated Climate Network will be essential to identifying available climate adaptation
resources and facilitating the spread of climate adaptation knowledge and practice across all
program functions. Initially the Climate Network will compile a roster of contacts and subject
matter experts available to help case teams, identify existing climate adaptation tools and policies
and, as expertise develops, this role may expand to provide specific technical assistance to case
teams.

Completion of this priority action in FY 2022 is a foundational activity on which OECA
can build in future years and is vital to supporting the agency-wide priority action to integrate
climate adaptation into all programs, policies, and operations. By fostering a community of
practice focused on addressing the impacts of climate change, OECA will help to educate staff
and ensure consistent application of program policies nationwide. As experience implementing
climate adaptation activities builds within both headquarters and regional enforcement staff, a
regular forum for asking questions and sharing lessons learned will speed the integration of
climate adaptation across all aspects of our program.

OAP will coordinate and organize the Climate Network. As additional resources become
available to support staff development and to dedicate additional time to support climate
adaptation activities, OECA will be able to further integrate climate adaptation principles into all
programs.

For FY 2022, OECA will measure implementation of this priority action as the creation
of the Climate Network and holding at least one meeting before the end of the fiscal year.
Regional enforcement staff will be key partners as the network develops and expands both in
size and knowledge base. Broad-based staff participation will be essential to building a
community of practice over time, but resource availability will remain a significant challenge as

15

-------
staff will have to reallocate time from existing activities to support the activities of the Climate
Network.

iii.	Climate Adaptation Training:

Before climate adaptation can be integrated into OECA's programs and activities, we
must ensure staff have an understanding of climate change and how climate change is likely to
impact our mission. In FY 2022, OECA will develop a new training module focused on how
climate change is likely to impact OECA's mission and how climate adaptation can be
considered and integrated into OECA's program activities. The training will help build capacity
within OECA by increasing the climate literacy of OECA employees to better understand
projected climate-related impacts and the suite of existing climate adaptation tools available to
incorporate climate adaptation into decision making processes.

This training module is intended to build on existing climate adaptation training available
from EPA's Office of Policy, with OECA specific content added to address our existing
activities and commitments. This OECA training will provide a foundation for staff on which
future program and media specific training modules could be developed, as necessary, by the
individual OECA offices to help staff incorporate climate change adaptation into daily activities.

OAP will have the lead for developing the training module during FY 2022. The training
module will be developed using existing technology resources to host and record the training.
Additional resources may be needed in the future to support development of program specific
trainings.

OECA will measure implementation of this priority action based on completion of the
training module during FY 2022. Going forward, OECA's objective is for at least 50% of
headquarters enforcement and compliance staff to complete the training module during FY 2023
with the remainder completing the training during FY 2024. Future climate change continuing
education will be made available, as appropriate.

iv.	Initiate Discussions to Track Climate Components of Enforcement and Compliance
Activities:

Being able to accurately track and report on the climate components of OECA's
enforcement and compliance activities is essential for measuring OECA's impact in addressing
the climate crisis. During FY 2022, OECA will engage in discussions with the regional ECADs
to develop requirements for a reporting solution that will be used to accurately identify, track and
measure compliance monitoring and enforcement matters with climate change-related
components; for example, climate-related injunctive relief and SEPs. Having accurate and
reliable data will allow OECA to demonstrate to the public and to our state and tribal partners the
role environmental enforcement and compliance activities can have in helping communities
increase resilience to the impacts from climate change. Increasing awareness of the role of
environmental enforcement in addressing the climate crisis will help the public and the regulated
community understand the connection between complying with environmental laws and
increasing resilience, which is especially important for addressing risks to vulnerable
communities.

16

-------
OECA's Office of Compliance (OC), in close coordination with OECA's Office of Civil
Enforcement (OCE), will lead discussions among all OECA offices and appropriate regional
staff who will ultimately be the primary users of the reporting solution that is developed through
these efforts. OC and OCE will work with the regions to develop the requirements for the
reporting solution and identify any new data needs, while remaining cognizant of the need to
minimize reporting burdens. During FY 2022, implementation of the priority action will be
measured based on a new workgroup being formed and holding initial discussions to define the
scope of what will be tracked by the reporting solution. A critical consideration when defining
the scope will be ensuring we do not divert resources from the substantive enforcement work
performed by OECA and the ECADs. The result of the initial discussions will seed further
discussions and additional activities in FY 2023.

This priority action will be a new activity for OECA and, as a result, additional resources
will be needed. It is anticipated this work will have a broad impact since every statutory
compliance and enforcement program within OECA will be a stakeholder. We also recognize
that the regions have a significant role in implementing the reporting and tracking activities;
therefore, they must be heavily involved in developing the requirements, but we do not expect
regions to allocate resources otherwise used to perform work to protect communities through
enforcement. In addition to supporting the agency-wide priority number one, to integrate climate
adaptation into all programs, this priority action will also support agency-wide priority number
four, to measure and evaluate performance.

The long-term success of this action will depend on overcoming several challenges, as
developing measures that are accurate and reliable is a complicated undertaking. Decisions about
how to measure the consideration of climate change mitigation and adaptation in enforcement
and compliance activities will require extensive stakeholder engagement and re-evaluation
of existing methodologies before making changes to reporting tools or adding new reporting
processes to our existing tracking programs.

v. Update OSRE Model Language for Remedial Investigation/Feasibility Study (RI/FS)
Agreements:

Given the breadth of statutory programs OECA is tasked with enforcing, integrating
climate adaptation considerations into existing OECA programs must be considered separately
based on each program's unique statutory and regulatory requirements. Within the broader
CERCLA enforcement program, OECA's Office of Site Remediation Enforcement (OSRE) will
draft updated language for the model Remedial Investigation/Feasibility Study (RI/FS)
administrative settlement agreement and statement of work (SOW) with new climate language.

Model documents are a critical tool for OECA's enforcement program and help ensure
nationally consistent and efficient enforcement of our environmental cleanup laws. The
development of model language for RI/FS agreements will ensure climate adaptation
considerations are consistently included for all RI/FS agreements in the future, further
integrating elements of climate adaptation, as appropriate, into the operation of our program.

OSRE will have the lead completing this priority action and will develop the model
language during FY 2022 with a target completion date by the end of FY 2022. Upon completion

17

-------
of the model language, OSRE and Regional staff will begin utilizing the model language, as
appropriate, and OSRE will work with regional enforcement staff as they begin using the new
model language.

B. FY 2023 Priority Actions

i_. Incorporate Consideration of Climate into OECA's Enforcement Priority-Setting
Activities:

OECA focuses its enforcement and compliance assurance resources on the most serious
environmental violations by developing and implementing national program priorities, called
National Compliance Initiatives (NCIs). Through implementation of the NCIs, OECA provides
national leadership in addressing complex and intractable environmental compliance issues. The
NCIs are in addition to OECA's core enforcement work and advance the Agency's Strategic Plan
objective to improve compliance with our nation's environmental laws in partnership with states,
territories, and federally-recognized Indian tribes with authorized environmental programs.

NCIs are adopted on a four-year cycle aligned with the EPA Strategic Plan, with the
current cycle spanning FYs 2020-2023. While OECA began evaluating opportunities to
incorporate environmental justice and climate change in its implementation of the current NCIs
in 2021, under this plan OECA will for the first time integrate climate change adaptation and
mitigation considerations into the selection of NCIs for the upcoming cycle. Selection of the next
round of NCIs will be completed in FY 2023, with implementation of these initiatives to begin in
FY 2024. Selection of the new NCIs will involve coordination with EPA's regional offices and
outreach to states, territories, and tribes.28 Through this collaborative process, OECA will work
to spotlight pressing climate concerns that can be addressed through enforcement and
compliance activities and to develop coordinated strategies to work toward their resolution.
OECA will also continue to integrate climate change considerations into the implementation of
these initiatives once selected (e.g., when developing targeting lists within a given sector,
prioritizing facilities that are more vulnerable to natural disasters and are located in
overburdened and underserved communities).

OCE and OC will jointly lead this activity in collaboration with the other OECA offices
and regional offices. The outcome of this action is that the NCI Executive Board, responsible for
selecting NCIs for the FY 2024-2027 cycle, will consider climate change as part of the selection
process. This action will be completed in FY 2023 when OECA finalizes the NCI selection for
the FY 2024-2027 NCI cycle.

//. Track and Report Climate Components of Enforcement and Compliance Activities:

In FY 2023 OECA will establish the requirements within the agreed upon scope for the
reporting solution that will be used to identify, track and measure compliance monitoring and
enforcement matters with climate change-related components; for example, climate change-
related injunctive relief addressing climate change adaptation or mitigation. Building in the
mechanisms for EPA staff to consistently and accurately report climate change-related

28 EPA's interactions with tribes are guided by the EPA Policy on Consultation and Coordination with Indian
Tribes (May 4, 2011).

18

-------
compliance monitoring and enforcement information will further OECA's long-term objective to
be able to track and report the impact of enforcement and compliance assurance activities on
climate change, including the ability to reliably demonstrate the benefits of our programs for
those at the greatest risk from the impacts of climate change.

Prior to any development of a solution, OC will perform an assessment of the level of
effort needed to implement the requirements for the reporting solution. This will include an
evaluation of current capabilities to identify requirements that can be completed in the near term
versus those that will be completed in the long term. Effectively, OECA will prioritize the list of
requirements. Additionally, OC in coordination with OCE, other OECA offices, and regional
staff, will finalize necessary definitions and reporting guidance to ensure accurate and
consistent data. The long-term benefit of this action will be to support the capacity for OECA to
track and measure enforcement and compliance actions with climate-change related components.
This capability will allow us to measure and report on the effectiveness of our enforcement and
compliance activities at addressing climate change and its effects and to strategically invest in
areas where our efforts can have the most impact. In addition to supporting the agency-wide
priority number one, to integrate climate adaptation into all programs, this priority action will
also support agency-wide priority number four, to measure and evaluate performance.

This priority action will be a new activity for OECA and, as a result, additional resources
will be needed. It is anticipated this work will have a broad impact since every statutory
compliance and enforcement program within OECA will be a stakeholder. We also recognize
that the regions have a significant role in implementing the reporting and tracking activities;
therefore, they must be heavily involved in developing the requirements and testing any solution.
Because regional input into the tracking system will be critical, regional resources may be
needed, but we do not expect regions to allocate resources otherwise used to perform work to
protect communities through enforcement.

The long-term performance of this priority action will have to overcome several
challenges as developing measures that are accurate and reliable is complicated. Decisions about
how to measure climate change mitigation and adaptation impacts from enforcement will require
extensive stakeholder engagement and re-evaluation of existing methodologies before making
changes to reporting tools or adding new reporting processes to our existing tracking programs.
Additionally, as the scientific community develops methodologies to accurately quantify the
impact from activities that increase resilience, OECA will consider what ongoing modifications
are needed to keep up with scientific advancements to accurately report on the breadth and scope
of benefits that result from our enforcement and compliance activities. Implementation of this
priority action will be measured based on a prioritized set of requirements for the reporting
solution that will be used to identify, track and measure compliance monitoring and enforcement
matters with climate change-related components.

iii. Continue Development of OSRE Enforcement Guidance:

As part of its mission to protect human health and the environment, OECA works to
inform and educate the public about its policies and activities. Guidance documents are an
essential tool the agency uses to inform the public as well as to ensure consistent nationwide

19

-------
application of our enforcement program. During FY 2022, OSRE will continue to develop
guidance about incorporating climate change into cleanup enforcement cases, as appropriate.

OSRE will have the lead completing this priority action and implementation will
culminate in the issuance of a Sustainability Resource Library for internal use by EPA staff by
the end of December 2022.

iv.	Modify Additional OSRE Model Orders, Settlement Tools, and Enforcement Policy
Documents to Incorporate Climate Adaptation:

Enforcement tools such as model orders and policy documents help ensure nationally
consistent and efficient enforcement efforts. Model documents, in particular, increase efficiency
in negotiations. OECA should update its enforcement tools to ensure nationally consistent
application of policies allowing OECA to clean up hazardous sites in a way that considers likely
climate impacts to the site so remedies are resilient and continue to be protective of the
surrounding communities.

Building on prior actions to update language for the model RI/FS administrative
settlement agreement and SOW, OSRE will work with the Superfund program office to consider
whether and how to incorporate climate adaptation considerations, as appropriate, into the
language of additional model settlement agreements, statements of work, and cleanup
enforcement policies and guidance documents.

OSRE will have the lead completing this priority action utilizing support from the
regions, which will be a new activity that builds on the FY 2022 activity. Implementation of this
priority action, contingent on coordination with OLEM, will be measured based on the number
of draft enforcement documents that are created or updated during FY 2023 to include climate
adaptation considerations. OSRE's target is to create or update at least one enforcement
document (i.e., policy or model) as appropriate. Upon completion or after being updated, OSRE
and regional staff will begin utilizing the enforcement tool, as appropriate, and OSRE will
provide guidance for regional enforcement staff as necessary.

v.	Ensure Adequate Financial Assurance Coverage for Cleanup Response Costs:

Financial assurance requirements in CERCLA enforcement instruments help ensure that

responsible parties provide adequate financial resources to cover anticipated response costs in the
event EPA has to take over the response action. The financial assurance serves to minimize the
cost borne by taxpayers at sites where potentially responsible parties default on their cleanup
obligations. Financial assurance amounts are based on the cost estimate of the cleanup work as
provided in the Record of Decision. OSRE will work to ensure that financial assurance amounts
consider climate change vulnerability costs that are a part of the cost estimate of the cleanup
work, as applicable (e.g., RCRA corrective action facilities or Superfund sites that are at risk
from flooding or sea level rise), as an additional factor.

In FY 2023, OSRE will continue its ongoing work to ensure adequate financial assurance
is obtained in CERCLA enforcement instruments. In particular, OSRE will draft revisions to the
2015 Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral

20

-------
Administrative Orders to ensure that financial assurance amounts consider climate change
vulnerability costs as appropriate.

vi. Link Agency Climate Adaptation Resources to Online Portals:

OECA's federal facility program ensures that federal facilities comply with
environmental laws, take actions to prevent, control and abate pollution, and fosters
environmental stewardship within the federal community. OECA's Federal Facility Enforcement
Office (FFEO) will add to EPA's climate adaptation resources, as appropriate, and link those
EPA resources to FFEO's compliance assistance center (FedCenter). Providing accessible online
information increases external Federal agency awareness and builds capacity by providing access
to available climate adaptation tools.

Providing access to additional information on FedCenter will help OECA engage in
outreach with Federal agencies to encourage and generate ideas regarding increased emphasis on
sustainability and climate change. By adding links to EPA's climate adaptation resources, EPA
will help build capacity in other Federal agencies, increasing the resilience of federal facilities to
withstand extreme weather events and remain in compliance with environmental laws.

This priority action will support the agency-wide climate change adaptation priority
action number two, to consult and partner with states, tribes, territories, local governments,
environmental justice organizations, community groups, businesses, and other federal agencies
to strengthen adaptive capacity and increase the resilience of the nation.29 FFEO will have the
lead implementing this priority activity.

This will be a new activity for FFEO that will start in FY 2022 and continue with FFEO
updating FedCenter as new information and tools become available. Currently there are some
climate resources available on FedCenter that FFEO will enhance with the addition of links to
new information and tools during FY 2023. In FY 2023, FFEO's target is to conduct quarterly
reviews of FedCenter to ensure that the FedCenter's Climate Adaptation webpage is up to date.
Based on the findings from the quarterly reviews, and when FFEO becomes aware of updates
that occur sooner than quarterly, FFEO will update existing links and add any newly available
climate resources to FedCenter.

II. Additional Actions

In addition to the priority actions discussed above, OECA is taking or plans to take
additional actions that will support climate change adaptation and mitigation, contingent upon
adequate available resources and as described below.

Continue Disaster Mitigation and Recovery Activities:

Disaster mitigation and recovery efforts are integral to climate adaptation. OECA and its
regional partners play an important role in enhancing communities' resilience to climate-related
disasters through integrating adaptation principles into our compliance and enforcement efforts;
encouraging pre-disaster planning to mitigate future events; promoting sustainable and resilient

29 EPA, Climate Adaptation Action Plan, October 2022, pages 11-16.

https://www.epa.gov/sYStem/files/documents/2021-09/epa-climate-adaptation-plan-pdf-version.pdf

21

-------
rebuilding efforts; providing EPA's expertise to federal, state, tribal, and local partners; and
streamlining federal action. OECA maintains a Disaster Resilience Team and standard operating
procedures to coordinate and assist with disaster mitigation and recovery requests from the
regions and other federal agencies. Along with OECA's subject matter experts, this team
provides assistance prior to disasters (blue skies), during short and long-term recovery efforts,
and disaster mitigation projects.

77. Reg aire Consideration of Climate Change in All Civil Enforcement Cases:

OECA will issue a policy statement requiring consideration of climate change in all civil
enforcement case resolutions and adoption of climate-related solutions where appropriate.
Enforcement actions may result in a variety of climate benefits that are additional to ensuring a
regulated entity returns to compliance. These may include significant reductions of greenhouse
gas pollutants, as well as implementation of changes to a facility or operation that increase its
resilience to future impacts from climate change.

777. Incorporate Consideration of Climate Adaptation into Targeting and Enforcement at
Federal Facilities:

FFEO will encourage regions to consider climate change-related components (injunctive
relief, mitigation, and SEPs) in enforcement actions against federal facilities. Consideration of
these components will be included in FFEO's review of Consent Agreements and Final Orders,
Federal Facility Compliance Agreements, and other enforcement documents. When developing
targeting lists of federal facilities for inspections, FFEO will encourage regions to note facilities
that are in areas more vulnerable to natural disasters and located in underserved communities.

iv. Initiate Reporting on GHG Emission Redactions Achieved Through EPA Enforcement
Cases:

Building on prior work, OC will develop guidance and methodologies for calculating and
reporting greenhouse gas (GHG) reductions achieved through certain types of EPA enforcement
actions. OC will produce GHG reduction calculation and reporting guidance in FY 2022, with
reporting on a new "GHG reductions through EPA enforcement actions" metric beginning in FY
2023.

4. OECA Training Plan for Enhancing Staff Knowledge About Climate Adaptation

To ensure that OECA staff have the knowledge necessary to integrate climate adaptation
into decision making, OECA will require staff to receive regular training, understand climate
change in general, and learn how climate change will likely impact OECA's mission.

The Climate Adaptation Training, described in OECA's Priority Action section, lays out
the activities OECA will undertake to enhance staff and management awareness of relevant
climate change impacts and climate adaptation approaches to build resilience. Development of
this climate training module will occur during FY 2022 and focus on the impacts from climate
change on OECA's mission in addition to how climate change awareness may be integrated into
more of OECA's program activities.

22

-------
As specified in the Priority Action section, OECA's target is to complete development of
the new OECA-specific training module in FY 2022 and begin implementing the training for
headquarters enforcement and compliance staff in FY 2023. OECA's target is to train 50% of
headquarters enforcement and compliance staff during FY 2023 with the remainder completing
the training module in FY 2024. The expectation is that the OECA training module will provide
a foundation for staff on which future program and media specific training modules can be
developed to help incorporate climate change adaptation and the use of available EPA climate
change tools into daily activities.

As OECA gains experience and feedback from staff regarding the OECA climate training
module, OECA will revise the training as necessary, and share the training with our regional
enforcement staff. As appropriate and subject to available resources, OECA intends to work with
our state and tribal partners to share relevant climate adaptation training materials and experience
to help build staff climate capacity within the delegated state and tribal programs. Through the
Climate Network, described in the Priority Action section, OECA will also provide information
on additional training resources and other tools across EPA that are available to help build
capacity within OECA's staff.

5.	OECA Science Needs

Being able to accurately track and report on the climate components of OECA's
enforcement and compliance activities is essential for understanding OECA's contribution to
addressing the climate crisis. While OECA has created specific Priority Actions focused on
developing the capacity to track enforcement and compliance assurance activities that include a
climate component, the quantification of the impact of resilience activities is an area that needs
additional scientific study to ensure accurate reporting.

As OECA gains experience integrating climate adaptation into our programs and
activities, additional science needs are likely to develop as we identify and refine the types of
adaptation and resiliency efforts that can be incorporated. OECA's Plan focuses its attention on
Priority Actions that will fulfill our mission and increase human and ecosystem resilience to the
impacts from climate change. OECA will continue to follow the science and adapt our program
responses to incorporate new technologies, as appropriate, to ensure entities return to and
maintain compliance even as the climate changes.

6.	Conclusion

OECA will ensure that our policies and procedures continue to protect human health and
the environment while acknowledging the additional challenges endured by communities and
regulated entities as a result of the impacts from climate change. Already, OECA is taking action
to incorporate adaptation principles into our work and to develop the data systems needed to
measure OECA's contributions toward addressing the climate crisis.

OECA's FY 2022 and FY 2023 priority actions are intended to provide a framework for
national action by EPA in coordination with our enforcement and compliance assurance partners,
and to lay the foundation necessary to support an enhanced focus on addressing climate change

23

-------
and its impacts in future years. These actions are critical to protecting communities from the
impacts of climate change, especially overburdened and vulnerable communities which are most
likely to encounter severe climate change impacts but least able to prepare and respond to these
impacts.

24

-------