October 13, 2023

NECIs Updated for FY2024-2027

Every few years, EPA’s Office of Enforcement and Compliance Assurance (OECA) reviews and updates its national enforcement and compliance initiatives (NECIs) to assist federal and state regulators in addressing environmental and public health challenges. NECIs are based on the OECA’s evaluation of significant environmental risks and noncompliance patterns associated with various industrial sectors, specific regulatory requirements, and geographic areas. The resulting NECIs have been updated for FY2024-2027, meaning a heightened focus will be placed on the following six issues:

Mitigating climate change (new),
Addressing exposure to PFAS (new),
Protecting communities from coal ash contamination (new),
Reducing air toxics in overburdened communities (modified from FY2020-2023),
Increasing compliance with drinking water standards (continued from FY2020-2023), and
Chemical accident risk reduction (continued from FY2020-2023).

Three NECI’s have been returned to the OECA’s core enforcement program:

Reducing toxic air emissions from hazardous waste facilities,
Stopping aftermarket defeat devices for vehicles and engines, and
Reducing significant noncompliance with NPDES.

These three initiatives remain important areas of compliance even though they are no longer NECIs. The regulated community should still maintain compliance with all applicable regulatory requirements.

RCRA NECIs

The FY2024-2027 NECIs address one RCRA-related issue directly: coal combustion residuals (CCR) from coal-fired electric utilities. Coal ash regulation under RCRA Subtitle C (the hazardous waste regulations) can be largely avoided through the hazardous waste exclusion at §261.4(b)(4). However, CCR are still regulated as solid wastes, and facilities managing them must comply with Part 257, Subpart D. That said, many of those provisions have been subject to litigation and are currently being reworked.

One NECI addresses PFAS contamination, an issue previously highlighted in the agency’s PFAS strategic roadmap. Though EPA’s Office of Resource Conservation and Recovery does have PFAS issues on its RCRA regulatory agenda, no PFAS RCRA rules have been proposed, and the PFAS strategic roadmap does not suggest RCRA regulation. Overall, none of the FY2024-2027 NECIs involve currently regulated hazardous waste.

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.