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

U.S. Environmental Protection Agency

EPA Enforcement and Next

Generation Compliance

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Midwest Environmental Compliance

Conference

Chicago, I l l inois

David H indin , U .S. EPA

October 29 , 2015

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


Why Next Gen Compliance

Drivers

Noncompliance

Information gaps

Government resources

Opportunity

Advanced Monitoring Technology

Information Technology

Expand use of best and innovative practices


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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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Next Generation Compliance – What is it?5


Regulation and Permit

Design

Advanced Monitoring

Electronic Reporting

Transparency

Innovative Enforcement

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


Rules and permits structured to promote compliance

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


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


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


Monitoring buoy in Charles River collects and transmits data to a

public website

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.


The World is Changing

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Environmental Monitoring is Changing

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Advanced Monitoring: Infrared camera makes invisible

pollution visible.

U.S. Environmental Protection Agency 13

Example from EPA Region 10

Leaking equipment at bulk gasoline distribution terminal.


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../Videos Audi/gasoline evaporating from a storm drain.mp4

Advanced Monitoring

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An example from flaring enforcement


New Technologies Will Revolutionize

Environmental Monitoring


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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?

Advanced Monitoring Will Improve

Environmental Protection and Reduce Pollution 17


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

../Videos Audi/NPR_houston IR cameras.mp3

Democratization of Environmental

Monitoring


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Link to Example of Citizen Science - AirBeam

../Videos Audi/AirBeam_Kickstarter_Video.mp4

../Videos Audi/AirBeam_Kickstarter_Video.mp4

https://dl.dropboxusercontent.com/u/29720355/AirBeam_Kickstarter_Video.mp4

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


One example of a private sector e-reporting tool

integrated with government regulations (IRS)

4. Increased Transparency


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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).

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


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5. Innovative Enforcement


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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

Next Gen in Civil Settlements


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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



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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)


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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


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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



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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

Next Generation is Here Today

Transformative power of:

New monitoring

technologies

Revolution in information

technologies

Transparency

Building compliance

drivers into programs from

the start


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