A Look Into the Biden Administration's Environmental Priorities
EPA environmental priorities under new leadership—Environmental Justice, PFAS regulations, inspections, and WOTUS definition expansion.
New year, new administration, and a refocus on environmental policy priorities. Here’s what to expect from EPA enforcement and regulatory initiatives:
⚡ TL;DR: The current EPA emphasizes Environmental Justice in disadvantaged communities, increased facility inspections post-pandemic, expanded PFAS restrictions, and broader definitions of Waters of the United States (WOTUS). Facilities in environmental justice areas and near wetlands face heightened compliance scrutiny and audit frequency.
Environmental Justice (EJ) — One of the biggest items will be communities having their voices heard in environmental regulation. The Environmental Justice Mapping and Data Collection Act and Environmental Justice initiatives direct EPA resources to disadvantaged neighborhoods. Facilities in these areas face increased inspection frequency and enforcement action.
More Inspectors on the Ground — With pandemic restrictions lifted, expect significantly more EPA and state environmental agency inspections. Facilities that delayed compliance actions during 2020-2021 now face priority audit status.
Waters of the United States (WOTUS) — Expect expanded definition and scope. More water bodies and seasonal wetlands will trigger Clean Water Act permitting requirements. Facilities near streams, ponds, and seasonal waterways need wetland assessments.
PFAS — Expected to be a “top priority” including pursuing discharge limits and water quality values. States are also getting involved with PFAS legislation and restrictions on firefighting foams.
⚠️ What’s at stake: Environmental Justice enforcement increases inspection frequency and audit severity for facilities in disadvantaged communities. PFAS violations carry EPA penalties of $25,000+ per day of violation. WOTUS expansion can require new permitting (costs $5,000-$25,000+) and create compliance liability for unpermitted discharges ($25,000+).
Is your facility positioned for heightened EPA enforcement? iSi Environmental helps manufacturers and industrial facilities in environmentally sensitive areas conduct comprehensive compliance audits, assess wetland and WOTUS obligations, and implement PFAS management programs. Get started →
Frequently Asked Questions
Q: What is Environmental Justice (EJ) and how does it affect EPA enforcement?
Environmental Justice focuses on equitable protection and involvement of all people in environmental decision-making. The EPA prioritizes investigating facilities in disadvantaged communities and ensures that environmental regulations are enforced consistently across all neighborhoods. The Environmental Justice Mapping and Data Collection Act requires mapping of environmental hazards and demographic data. Facilities in underserved areas of Kansas City, Tulsa, and Wichita face increased EPA scrutiny under EJ initiatives. iSi Environmental helps facilities in environmental justice communities maintain elevated compliance standards.
Q: What is PFAS and why is it becoming a regulatory priority?
Per- and polyfluoroalkyl substances (PFAS) are persistent industrial chemicals used in firefighting foams, water-resistant coatings, and food packaging. The EPA designates PFAS as a “top priority” contaminant due to health risks and environmental persistence. The EPA is developing discharge limits and drinking water quality standards for PFAS, and states are implementing their own PFAS legislation. Facilities that manufacture, use, or dispose of PFAS-containing materials must assess their regulatory obligations. iSi Environmental evaluates PFAS exposure and helps facilities comply with emerging federal and state restrictions.
Q: How has the definition of Waters of the United States (WOTUS) changed and what does it mean for facilities?
The Clean Water Act’s definition of WOTUS has been expanded and contracted multiple times. Under EPA review, the definition is expected to broaden again, expanding which water bodies and wetlands trigger CWA jurisdiction and permitting requirements. Facilities near streams, wetlands, and seasonal water bodies must assess whether they have jurisdictional waters on their property. iSi Environmental conducts wetland and WOTUS assessments to determine permitting obligations and compliance requirements.
Q: How can facilities prepare for increased EPA inspection activity?
As COVID-19 pandemic restrictions lifted, EPA and state environmental agencies increased facility inspections, permitted source reviews, and air/water compliance audits. Facilities should conduct self-assessments of air emissions, wastewater discharge, hazardous waste storage, stormwater management, and pollution prevention measures. iSi Environmental conducts comprehensive compliance audits to identify deficiencies before EPA inspectors arrive, helping facilities in Oklahoma, Kansas, and Texas avoid citations and penalties.
💰 The cost of non-compliance: Environmental Justice enforcement violations: $25,000+ per day. PFAS contamination or unauthorized discharge: $25,000+ per day plus remediation costs ($50,000+). WOTUS unpermitted discharge: $25,000+ plus restoration liability. Cumulative multi-year violations easily reach six figures.
Every satisfactory compliance program starts with knowing where the gaps are. iSi Environmental helps facilities assess EPA enforcement priorities, conduct wetland and WOTUS evaluations, and implement PFAS management programs to meet current regulatory focus areas. Schedule a compliance review →
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