Audit, Compliance and Risk Blog

On March 12, the US Environmental Protection Agency (EPA) issued a memorandum announcing significant revisions to the agency’s enforcement policies, entitled “Implementing National Enforcement and Compliance Initiatives Consistently with Executive Orders and Agency Priorities.” The memo directs EPA’s civil and criminal enforcement staffs, revising existing Biden-era policies (which I last wrote about HERE) to conform with President Trump’s executive orders (EOs) and policy statements by new EPA administrator Zeldin. The remainder of this note summarizes this new direction. 

Since 2011, the US Environmental Protection Agency (EPA) has administered an extensive Greenhouse Gas Reporting Program (GHGRP), which requires thousands of facilities and organizations to report annual emissions of greenhouse gases (GHGs) (40 CFR part 98). Although reports are usually due by March 31 of the following year, EPA has delayed the deadline for reporting year (RY) 2024 until May 30, 2025. EPA cites delays in making the new version of its Electronic Greenhouse Gas Reporting tool (e-GGRT) available.

On March 12, the US Environmental Protection Agency (EPA) announced “31 historic actions in the greatest and most consequential day of deregulation in U.S. history.” These actions move to reconsider, and likely reverse, actions from the Biden administration as well as earlier EPA actions dating back to at least 2009. These actions are summarized in a general press release, and accompanied by more than 20 additional releases announcing specific actions; most involve the Clean Air Act (CAA). EPA links these initiatives to President Trump’s latest executive orders (EOs) and policy initiatives (I wrote about the EOs HERE and HERE). In earlier notes I addressed many of the regulatory and policy actions that will now be reconsidered. )

Since returning to office in January, President Trump and his administration have promulgated many actions to reduce and revamp the US federal government, and additional actions focused on specific agencies. I wrote about general approaches to environmental regulation HERE. In addition, The Environmental Protection Agency (EPA) has been a target of specific directives, and new EPA administrator Lee Zeldin has already announced important policy and procedural changes at his agency. The remainder of this note summarizes EPA-specific changes ordered and/or instituted as of the end of February 2025.

Many regulatory laws provide for civil – and sometimes even criminal – penalties for noncompliance. Statutes set penalty levels (“XXX dollars per day of violation” for example), at levels intended to provide meaningful deterrence and punishment for noncompliance. But over time, these penalties' stings decline with inflation. To counteract the possibility that less painful penalties reduce incentives for compliance, U.S. law directs most federal agencies to make annual “cost of living” adjustments to the maximum statutory civil penalty levels (there are no provisions for standing periodic adjustments to criminal penalties). 

The Toxic Substances Control Act (TSCA) includes procedures for the Environmental Protection Agency (EPA) to evaluate risks presented by existing chemicals using the latest scientific information – incorporating information developed after a chemical entered use in the US. Based on these reviews, EPA updates its regulatory requirements, ranging from labeling-only through use restrictions up to and including bans from further distribution and use. (I summarized these review requirements HERE).  On December 18, 2024, EPA published restrictions in the Federal Register, for carbon tetrachloride (CTC) and perchloroethylene (PCE), based on its hazard reviews for those chemicals. The rest of this note discusses these new restrictions.

Effective December 10, 2024, the US Environmental Protection Agency (EPA) adopted rules for the management of hydrofluorocarbons (HFCs) potentially released from equipment during maintenance or other services,

.. These rules support US efforts to implement the 2016 Kigali Amendment to the United Nations-sponsored Montreal Protocol on Substances that Deplete the Ozone Layer (which I wrote about HERE), and codified in the December 2020 coronavirus relief bill (American Innovation and Manufacturing Act of 2020 (AIM Act; which included dozens of unrelated provisions within its 5,593 pages). EPA adopted over-arching HFC phase-down rules in September 2021 (I wrote about them HERE), and continues to adjust and refine their requirements. These latest rules appear in a 191 page document in the Federal Register, finalizing (with revisions) most provisions in a proposal issued in October 2023 (which I wrote about HERE).The remainder of this note summarizes EPA’s new rules, which impose requirements using authority under the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA). 

Radon gas is released naturally by radioactive decay within rock formations, from where it can percolate to the surface and infiltrate basement and trenching, and then produce hazardous concentrations if trapped or spread throughout the structure by the ventilation system. Because of its radioactive origin, radon can pose health risks – it’s the leading cause of lung cancer in non-smokers. The US Environmental Protection Agency (EPA) administers extensive information programs, which encourage in-building testing (especially in housing), and provides guidance for hazard reduction. EPA’s authority derives primarily from the Indoor Radon Abatement Act of 1988 (codified as Title III of the Toxic Substances Control Act (TSCA)). In addition, the Occupational Safety and Health Administration (OSHA) considers radon a type of ionizing radiation subject to worker protection requirements. The remainder of this note provides background to radon hazards and their management, referencing information from EPA, OSHA and other agencies and professional organizations. 

The US Environmental Protection Agency’s (EPA’s) Indoor Air Quality (IAQ) program offers guidance how to use ventilation to help prevent the spread of respiratory viruses in “indoor public spaces” including offices and commercial locations. As north America approaches winter months when more people spend more time indoors, it’s a good time to review these suggestions. The rest of this note summarizes EPA guidance. 

In recent years, the US Environmental Protection Agency (EPA) has reviewed its overlapping responsibilities to regulate pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and to protect endangered and threatened species under the Endangered Species Act (ESA). In August, EPA completed its latest step in these efforts by issuing its “Herbicide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Herbicides” (Herbicide Strategy). The rest of this note summarizes the Herbicide Strategy, and provides context regarding EPA’s FIFRA and ESA authorities.