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ARTICLE · 08 FEBRUARY 2023

EPA Enforcement – How To Be Ready In 2023

Wiley Rein
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The U.S. Environmental Protection Agency's (EPA's) enforcement office started off the year with important announcements that change

United StatesEnvironment
Martha E. Marrapese
Martha E. Marrapese

The U.S. Environmental Protection Agency's (EPA's) enforcement office started off the year with important announcements that change the federal environmental compliance landscape. Civil penalties prescribed by environmental statutes are going up again, as mandated by the Federal Civil Penalties Inflation Adjustment Act (FCPIA) Improvements Act of 2015. 88 Fed. Reg. 986 (Jan. 6, 2023). EPA plans to increase the percentage of inspections by as much as 25% in some areas, and the agency is updating its National Enforcement and Compliance Initiatives (NECIs). 88 Fed. Reg. 2093 (Jan. 12, 2023). The agency is asking for public comments on the NECIs, due March 13, 2023. Targeting Per- and Polyfluoroalkyl Substances (PFAS) contamination is among EPA's new priorities for enforcement.

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