Enforcement Realigned: How EPA Is Reconciling Priorities With Policy Shifts

At a Glance

• The new memorandum revises existing environmental enforcement priorities, focusing on HFC imports, imminent health threats from coal ash, broader hazardous air pollutants and a wider range of chemical risks, while removing previous emphasis on methane, overburdened communities and specific chemicals.
• Implementation of NECIs will still focus on offenders that are a risk to their communities — enforcement against chemical accidents and serious environmental violations will be a priority, especially to the extent they further other executive initiatives.

The Environmental Protection Agency (EPA) has announced changes to the implementation of the National Enforcement and Compliance Initiatives (NECIs) for FY 2024-27 in alignment with President Trump’s executive orders. While these initiatives were initially announced in 2023, this latest update clarifies how enforcement priorities will be adjusted to reflect the new administration’s policy goals. The key takeaway is that while the core NECIs remain in place (for now), enforcement actions will now be guided by new directives, including the removal of environmental justice considerations and greater enforcement discretion in the energy sector. Enhanced enforcement may also be possible if violations overlap with the administration’s other priorities, such as immigration or scrutiny of recipients of federal funding. 

Continued Focus on the Worst Violators and Community Risks

Despite the policy shifts, the EPA will focus on holding significant violators accountable — especially those posing substantial risks to surrounding communities. While the administration has indicated an intent to scale back certain regulatory provisions, such as the revised Risk Management Plan (RMP) rules for large chemical facilities, it has also emphasized that enforcement against chemical accidents and serious environmental violations will remain a priority. The key takeaway is that, although there may be a regulatory rollback, violators should expect more aggressive enforcement, including criminal, if targeted. 

Reconciling Enforcement Priorities With Executive Orders

The new memorandum does not introduce new NECIs but instead modifies how existing initiatives will be carried out under the administration’s policies. Key adjustments include:

• Climate Change Enforcement Refocused. Enforcement will no longer prioritize methane emissions from oil and gas facilities. Instead, efforts will target unlawful hydrofluorocarbon (HFC) imports and sales, while methane enforcement will revert to the core program.
• Coal Ash Regulation Adjusted. Enforcement actions at active power plants will focus only on imminent health threats, with previous environmental justice considerations removed.
• Hazardous Air Pollutants (HAPs) Approach Modified. While enforcement will still target high levels of toxic air pollution, the focus will no longer be exclusive to previously designated overburdened communities.
• Chemical Accident Risk Reduction Maintained but Broadened. While enforcement will continue to address risk management failures, priority will no longer be limited to anhydrous ammonia and hydrogen fluoride, instead shifting to a broader range of hazardous substances.

Implications for Regulated Entities

Businesses operating in regulated industries should note several key takeaways:

1. Accident Prevention Remains a High Priority. Despite anticipated deregulation in some areas, entities responsible for chemical accidents can expect aggressive enforcement, including potential criminal liability.
2. Energy Sector Enforcement Adjustments. Facilities involved in energy production will see greater enforcement discretion, with EPA directed to avoid shutting down operations unless an imminent health risk is present.
3. Environmental Justice Considerations Removed. The previous administration’s focus on prioritizing enforcement in historically overburdened communities has been rescinded, shifting enforcement targeting criteria.
4. Regulatory Uncertainty. With potential reconsideration of past rulemakings, enforcement priorities may continue to evolve, requiring proactive compliance measures.

Conclusion

With the new administration’s adjustment in how the EPA will implement its NECIs, enforcement will now be focused on actions that may directly lead to public health impacts, particularly concerning accidents, hazardous emissions and drinking water compliance. At the same time, the EPA has eliminated the possibility of shutdowns of facilities in key sectors, including energy, while they return to compliance. 

What remains true is that companies can expect aggressive enforcement, including criminal, in response to catastrophic accidents at their facilities. If such an accident occurs, please contact our team immediately for accident response and crisis management assistance.