In its National Enforcement and Compliance Initiatives, the Environmental Protection Agency (EPA) announced that it is seeking public feedback on a proposal to address environmental justice, climate change, and PFAS contamination (NECIs).
The EPA chooses particular, pervasive environmental issues every four years where it thinks federal enforcement can have an impact. The EPA then develops and implements national programme initiatives, concentrating its compliance enforcement resources on these environmental issues.
By holding polluters accountable for their actions through enforcement and assisting regulated entities to get back into compliance, NECIs seek to protect both human health and the environment.
The EPA’s actions in 2022 and the beginning of 2023 show that the agency is giving the regulation of PFAS top priority.
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Companies that could be impacted should take the initiative to identify and, when practical and appropriate, implement measures to reduce their potential PFAS footprint, especially in communities that experience environmental injustice, in line with the organization’s environmental, sustainability, and governance goals.
Finally, companies should start preparing their equitable defences to potential EPA enforcement action relating to PFAS, keeping in mind the EPA’s stated intent to evaluate CERCLA “equitable facts” as part of PFAS enforcement efforts.
The EPA has invited the public to comment on and propose any other areas for consideration as it moves forward in its decision-making process.
Public comments on the proposal are due by March 13, 2023. As the situation progresses, we will continue to provide updates concerning potential impacts on future litigation and measures companies can take to reduce potential liability.
Story adapted from JDSUPRA
