EPA's 2016 Enforcement Results: An Indicator for 2017?

Enforcement efforts by the U.S. Environmental Protection Agency in the past year have been ­dominated by the agency’s response to high-visibility cases along with its continuing focus on its identified enforcement priorities. In ­announcing its 2016 annual enforcement and compliance results for the ­fiscal year spanning from Oct. 1, 2015 to Sept. 30, 2016, the EPA highlighted certain high-impact cases as well as significant investments in pollution controls resulting from its enforcement efforts aimed at site remediation and curbing air emissions, water and stormwater pollution and chemical risks. In sum, the agency secured over $13.7 billion in investments by private entities to control pollution. In the Superfund arena, responsible parties contributed over $1 billion across the nation to remediate affected sites, resulting in a $55 million return to the Superfund trust for future projects. The agency racked up $6 billion between federal administrative, and civil judicial penalties, including $775,000 in court-ordered environmental projects and $207 million in criminal fines and ­restitution, and a total of 93 years of prison time for sentenced defendants in criminal environmental ­actions. Notably, the two owners of chemical company Freedom Industries were each sentenced to 30 days in prison and a $20,000 fine for the 2014 Elk River spill that contaminated drinking water supplies serving 300,000 people in West Virginia. Finally, the agency acquired a total of $31.6 million for communities to engage in environmentally friendly projects.

Also as a result of the EPA’s enforcement endeavors this fiscal year one of the world’s largest oil pipeline operators, Enbridge, is set to spend approximately $110 million on implementing a series of monitoring measures to improve operations through nearly 2,000 miles of its pipeline system in the Great Lakes region. Enbridge is also paying $62 million in penalties for prior oil spills in Michigan and Illinois in 2010. In addition, one of the largest fuel refiners, Tesoro Corp., and Par Hawaii Refining will pay $403 million on equipment to reduce air pollution at six refineries and $12 million on projects to improve public health in communities previously impacted by emissions from its facilities. Additionally in 2016 there were more than 100 enforcement ­actions across the nation to require entities to protect the public from lead exposure, collectively resulting in more than $1 million in penalties. The EPA’s lead exposure mitigation efforts include a commitment by Sears to implement a comprehensive program to minimize lead dust from home ­renovation activities.