David Hindin, US EPA, EPA Enforcement and Next Generation Compliance, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

1. U.S. Environmental Protection Agency
EPA Enforcement and Next
Generation Compliance
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Midwest Environmental Compliance
Conference
Chicago, Illinois
David Hindin, U.S. EPA
October 29, 2015

2. EPA Enforcement Goals
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 Tough civil and criminal enforcement for violations
that threaten communities and the environment
 Vigorous enforcement program for the future -
Next Generation Compliance
 Strong EPA/state/tribal environmental protection
U.S. Environmental Protection Agency

3. Why Next Gen Compliance
 Drivers
 Noncompliance
 Information gaps
 Government resources
 Opportunity
 Advanced Monitoring Technology
 Information Technology
 Expand use of best and innovative practices
U.S. Environmental Protection Agency
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4. Development of Next Generation Compliance
 Outgrowth of Clean Water Action Plan, which
was collaboration with states (2011)
 OECA Assistant Administrator article in The
Environmental Forum (2013)
 U.S. EPA National Program Manager Guidance
for Enforcement since 2013
 The Changing Paradigm of Air Pollution
Monitoring article (August 2013)
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U.S. Environmental Protection Agency

5. Next Generation Compliance – What is it?
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U.S. Environmental Protection Agency
Regulation
and Permit
Design
Advanced
Monitoring
Electronic
Reporting
Transparency
Innovative
Enforcement

6. 1. More Effective Rules and Permits
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 Applicability and simplicity
 Structural: compliance easier than
noncompliance
 Self-monitoring and third-party monitoring
 E-reporting and transparency
 Market forces and incentives
U.S. Environmental Protection Agency
Rules and permits structured to promote compliance

7. New Rule for Petroleum Refineries
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 Refineries must conduct
fenceline monitoring to
ensure neighboring
communities are protected
 Action level/trigger
 Most recent annual average
recalculated every two
weeks so companies can
keep emissions well below
the annual standard
U.S. Environmental Protection Agency

8. New Rule for Oil and Gas
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 Companies required to install
emissions reduction
equipment at oil and gas
wells
 Streamlined reporting option
allows companies to submit
list of completed gas wells
with digital date and GPS
stamped photos showing
equipment installation
U.S. Environmental Protection Agency

9. 2. Advanced Monitoring Technologies
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 Real-time monitoring –
knowing about pollution
as it’s happening
 Facility feedback loops –
preventing pollution
before it happens
 Fenceline monitoring
 Community monitoring
 Remote sensing
U.S. Environmental Protection Agency
Monitoring buoy in Charles River
collects and transmits data to a
public website

10. Working Definition of “Advanced Monitoring”
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1. Not yet widespread in a sector or
program;
2. Monitors real-time (or near), often
without lab lag times;
3. Less expensive, easier to use, or
more mobile;
4. Data quality more complete or
easier to interpret for a specific
need; and/or
5. Existing technology used in new
way to provide better info on
pollutants, pollution sources, or
environmental conditions.
U.S. Environmental Protection Agency

11. The World is Changing
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U.S. Environmental Protection Agency

12. Environmental Monitoring is Changing
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U.S. Environmental Protection Agency

13. Advanced Monitoring: Infrared camera makes invisible
pollution visible.
U.S. Environmental Protection Agency 13

14. Example from EPA Region 10
Leaking equipment at bulk gasoline distribution terminal.
U.S. Environmental Protection Agency
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15. Advanced Monitoring
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An example from flaring enforcement
U.S. Environmental Protection Agency

16. New Technologies Will Revolutionize
Environmental Monitoring
U.S. Environmental Protection Agency
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Current Technology
• Expensive
• Big footprint to house and
requires power drop
• May require expertise to
use
• May require lab analysis
• Collected by government,
industry, researchers per
established QA
New Technology
• Low cost
• Small footprint or
mobile
• “Easy-to-use”
• Real time
• Collected by
communities and
individuals w/ less QA?

17. Advanced Monitoring Will Improve
Environmental Protection and Reduce Pollution
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U.S. Environmental Protection Agency
NPR story on industry use of
advanced monitoring
Ability of individuals to make
personal risk decisions
Targeted inspections and
more effective enforcement
Local community awareness
of environmental quality

18. Democratization of Environmental
Monitoring
U.S. Environmental Protection Agency
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Link to Example of Citizen Science - AirBeam

19. 3. Electronic Reporting
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 Information technologies make new
solutions possible
 Smart tools and 2-way communication
 Wastewater e-reporting rule finalized
September 2015
 Agency Deputy Administrator memo to
make e-reporting default in new rules
U.S. Environmental Protection Agency
One example of a private
sector e-reporting tool
integrated with government
regulations (IRS)

20. 4. Increased Transparency
U.S. Environmental Protection Agency
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 Evidence that effective
transparency drives performance
 Drinking Water Consumer
Confidence Reports
 Restaurant health inspection
grades
Mailed report on
compliance resulted in:
Total violations:
down 30-44%
Health violations:
down 40-57%
*Bennear & Olmstead, Journal of
Environmental Economics and
Management (2008).

21. Features of a Strong Transparency Program
Better compliance supported by:
 Information about specific facilities
and locations
 Real-time information that allows for
quick feedback
 Available all the time to everyone on
the internet
U.S. Environmental Protection Agency
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22. 5. Innovative Enforcement
U.S. Environmental Protection Agency
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 Use Next Gen tools in
enforcement settlements
 Enhance targeting and
data analysis to identify
and address most serious
violations
 New enforcement
approaches

23. Next Gen in Civil Settlements
U.S. Environmental Protection Agency
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Since January 2015, EPA
civil enforcement staff
must consider Next
Generation Compliance
tools in all cases and
include them in
settlements when
appropriate

24. Innovative Enforcement
U.S. Environmental Protection Agency
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Marathon Petroleum
Corporation Clean Air
Settlement
 Required to use infrared
gas-imaging camera at fuel
storage tanks to identify
potential defects that may
cause excessive emissions
 If defects found, Marathon
will conduct up-close
inspections and perform
repairs where necessary Marathon Petroleum Company (Detroit, Michigan)

25. Innovative Enforcement
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Clean Air Act settlement
with BP Whiting
(Indiana)
 Fence line monitors
located in consultation with
EPA and community
 Data reported weekly on
public web site
 Facility must review data
with community at their
request
U.S. Environmental Protection Agency

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27. Innovative Enforcement
U.S. Environmental Protection Agency
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RCRA Settlement with
Total Petroleum Puerto
Rico
 Fully automated release
detection monitoring at
125 facilities
 Transmit monitoring data
to central location

28. Innovative Enforcement
U.S. Environmental Protection Agency
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Clean Air Act Settlement
with Noble Energy
 Infrared camera inspections of
vapor control systems and tanks
 Pressure monitors with
continuous data reporting
 A third-party audit of the vapor
control systems
 Post vapor control system
engineering evaluations and
modifications to provide other
companies the opportunity to
learn from findings and apply
them to their own storage tanks

29. Next Generation is Here Today
Transformative power of:
 New monitoring
technologies
 Revolution in information
technologies
 Transparency
 Building compliance
drivers into programs from
the start
U.S. Environmental Protection Agency
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