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EPA's Climate Enforcement and Compliance Strategy builds on the announcement last month of EPA's
first-ever climate enforcement initiative.6 The climate enforcement initiative targets methane emissions
from oil and gas facilities and landfills as well as illegal importation of hydrofluorocarbons (HFCs). The
strategy announced today goes further and requires EPA's enforcement and compliance program to
fairly and vigorously enforce the full array of EPA's climate rules, including, but not limited to,
greenhouse gas (GHG) reporting requirements and limits on other climate pollutants such as carbon
dioxide and nitrous oxide. As new climate rules are developed, they will be prioritized as well.
This strategy fulfills a commitment made last year in the Climate Adaptation Implementation Plan7
developed by the Office of Enforcement and Compliance Assurance (OECA). In that document, OECA
promised to "issue a policy statement requiring consideration of climate change in all civil enforcement
case resolutions and adoption of climate-related solutions where appropriate."8 The strategy announced
today requires that all EPA enforcement and compliance staff embrace climate-related solutions,
whenever appropriate, including at federal facilities and cleanup sites, so that entities in both criminal
and civil enforcement matters factor climate mitigation, adaptation, and resilience into their operations.
In addition to calling for federal agencies to tackle the climate crisis, EO 14008 required federal
agencies to deliver environmental justice. While climate change is a global problem, the impacts of
climate change disproportionately affect communities already overburdened by pollution and with less
access to the resources needed to adapt to and recover from climate change. Our charge is to protect
human health and the environment for all Americans; it is therefore imperative that we consider climate
justice as we factor climate change considerations into our enforcement and compliance activities.9
EPA's climate rules promise meaningful reductions in GHG emissions to stave off the worst effects of
climate change. Whether EPA achieves those GHG reductions will depend upon the strength of the
climate rules, the efforts of the regulated community to comply with those rules, and the willingness of
the Agency to take swift enforcement action against violators. To protect communities from climate
change that already is occurring, EPA also will need to include climate adaptation and resilience
whenever possible in criminal, civil, and administrative settlements. Each of these requirements, as well
as the capacity-building efforts that will make them possible, are discussed in greater detail below.
1. Prioritize Enforcement and Compliance Activities to Reduce Emissions of Greenhouse Gases
In August 2023, EPA included Mitigating Climate Change as one of six National Enforcement and
Compliance Initiatives (NECIs) for FY 2024-2027. As part of this NECI, which fits within the broader
climate enforcement and compliance strategy announced today, EPA will focus resources on reducing
emissions of the highest impact climate super-pollutants (methane and HFCs).
First, EPA will seek greater compliance with new source performance standards at oil and gas facilities
and landfills, the second and third largest sources of methane emissions.10 By addressing large, unlawful
emissions events from oil and gas facilities, known as super-emitter events, EPA can significantly
reduce nationwide methane emissions. Second, EPA will use criminal and civil enforcement authorities
to ensure compliance with the American Innovation and Manufacturing Act (AIM) Act,11 which phases
6 OECA FY 2024 - 2027 National Enforcement and Compliance Initiatives. Aug. 17, 2023.
7 OECA Climate Adaptation Implementation Plan. Oct. 2022.
8 Id. at 22.
9 See EPA, Enviromnental Justice in Enforcement and Compliance Assurance.
111 See EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks. Apr. 13, 2023.
11 See EPA, Enforcement of the American Innovation and Manufacturing Act of 2020.
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down production and consumption of HFCs by 85% by 2036, consistent with the Kigali Amendment to
the Montreal Protocol. A global HFC phasedown is expected to avoid up to 0.5 °C of global warming by
2100. Third, as EPA adopts new climate rules, enforcement of those requirements also may be included
in this initiative.
In addition to the Mitigating Climate Change initiative, EPA's enforcement and compliance program
will prioritize enforcement actions to reduce emissions of other GHGs by addressing illegal activity
related to carbon dioxide, nitrous oxide, and volatile organic compound (VOC) emissions. This could
include actions in a broad array of sectors where both civil and criminal investigations can assess, for
example, gas flaring, emissions from storage tanks and wastewater treatment systems, incineration/
combustion operations, and compliance with the Greenhouse Gas Reporting Rule. EPA also will
continue pursuing civil and criminal violations of the Clean Air Act's Renewable Fuel Standards to
protect the integrity and climate objectives of the program.12
Enforcement staff should ensure consistent consideration of climate change during the case development
process and incorporate relevant climate mitigation considerations in administrative actions, civil
referrals, consent decree approval requests, and referrals for criminal prosecution sent to the Department
of Justice. Enforcement staff should consider clean renewable energy solutions, green infrastructure
cleanup responses, and other climate mitigation remedies throughout all case resolution efforts,
including through Supplemental Environmental Projects (SEPs)13 in civil cases and Community Service
Projects in criminal cases. Clean and renewable energy opportunities, including but not limited to, wind,
solar, and vehicle electrification, may be incorporated as mitigation or SEPs in civil cases or as
restitution in criminal cases or through other settlement tools.
2. Incorporate Climate Adaptation and Resilience Principles into All Enforcement and
Compliance Activities
Consistent with EPA's legal authorities, we must take concrete steps to enhance adaptation and
resilience within the regulated community by considering climate change adaptation and resilience
concepts in all enforcement and compliance activities. The dramatic impacts of changing climate
patterns and extreme weather events should be considered across all aspects of our work.
EPA's enforcement and compliance program will build climate resilience into our agreed upon case
resolutions; for example, by considering relevant climate risks in enforcement matters, raising these
climate risks to regulated entities early in negotiations, and including, where appropriate, injunctive
relief that will be resilient to projected impacts of climate change. OECA will be releasing guidance
shortly about these and other sustainability efforts.
Enforcement and compliance teams should consider targeting investigations at facilities presenting the
highest risks from climate change impacts, which may include considering how frequently the
geographic area is impacted by catastrophic weather events each year. For example, the Safe Drinking
Water Act requires certain community water systems to develop risk and resilience assessments and
emergency response plans that assess the risks posed to systems by natural hazards and ensure systems
12 See EPA, Civil Enforcement of the Renewable Fuel Standards.
13 Issuance of the 2015 Update to the 1998 U.S. Environmental Protection Agency Supplemental Environmental Projects
Policy (Mar. 10, 2015).
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are resilient and can detect and lessen the impacts of such risks.14 These requirements are essential for
preserving the critical infrastructure needed to supply safe drinking water that can withstand climate
change. Violations of requirements under other laws may also provide opportunities for injunctive relief
that results in increased resilience to future impacts from climate change, thereby reducing risk of future
harm to the environment or a community.
Enforcement staff should ensure consistent consideration of climate change in the case development
process and incorporate relevant climate adaptation and resilience considerations in administrative
actions, civil referrals, consent decree approval requests, and criminal cases referred to the Department
of Justice. Enforcement staff should appropriately anticipate and prepare for future extreme weather
events when developing case resolutions by including injunctive relief in regulatory settlements that will
be resilient to the projected impacts of climate change. Case teams may incorporate greener cleanup15
provisions in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
and Resource Conservation and Recovery Act (RCRA) settlements, as well as green infrastructure
provisions in Clean Water Act settlements to help with flood control and mitigating climate change via
creation of carbon sinks.
3. Provide Technical Assistance and Build Climate Change Capacity Among EPA Staff and State
and Local Partners
OECA will provide technical assistance and training to EPA staff and state and local partners as we
continue to develop the necessary capacity and tools to support integrating climate change
considerations into enforcement and compliance activities. In addition, OECA will continue to provide
technical assistance to drinking water and wastewater systems to help them return systems to
compliance, build operator capacity, and ensure ongoing sustainable, clean, and safe water that can
withstand climate change. We will promote the use of tools for incorporating climate risk into
infrastructure planning, such as the Climate Resilience Evaluation and Awareness Tool.16
In addition to providing external assistance, EPA will continue to develop and provide tools and training
to enable enforcement and compliance staff to address climate change in all aspects of their work.
Specifically, OECA's Climate Adaptation Network will expand the community of practice to help
(i) build staff capacity and (ii) establish an electronic repository of climate mitigation, adaptation, and
resilience approaches to serve as examples for consideration in future activities.
In the Clean Air Act 112(r) program, and, as appropriate, when using RCRA and CERCLA authorities,
EPA enforcement and compliance staff shall, when appropriate, consider risks from natural hazards and
climate change in inspection targeting and civil and criminal case investigations. EPA enforcement and
compliance staff also will identify vulnerable facilities and situations and develop compliance assistance
materials in cooperation with the Office of Land and Emergency Management to help the regulated
community better plan for extreme weather events.
14 Safe Drinking Water Act § 1433, 42 U.S.C § 300i-2; see also America's Water Infrastructure Act Section 2013: Risk and
Resilience Assessments and Emergency Response Plans.
15 See EPA, Greener Cleanups.
16 See EPA, Climate Resilience Evaluation and Awareness Tool (CREAT).
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CONCLUSION
Climate change is an existential threat that creates substantial risks for public health and safety,
infrastructure, and ecosystems. As we do with all EPA programs, we will emphasize transparency and
accurate reporting of the environmental and human health benefits derived from our climate actions,
including the GHG equivalent emission reductions achieved in each enforcement matter. Our efforts to
reduce GHG emissions over the next decade and our climate resiliency programs will determine what
kind of world we leave for future generations. The climate strategy announced today reflects that reality.
cc: Assistant Administrators
Regional Administrators
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