National Enforcement and Compliance Initiative: Mitigating Climate Change
Climate change poses a substantial threat to public health and safety, water resources, agriculture, infrastructure, and ecosystems. The Mitigating Climate Change National Enforcement and Compliance Initiative or (NECI) will address three separate and significant contributors to climate change:
- methane emissions from oil and gas facilities;
- methane emissions from landfills; and
- the use, importation, and production of hydrofluorocarbons (HFCs).
Problem
Methane is a super climate-pollutant that is more than 25 to 28 times as potent as carbon dioxide at trapping heat in the atmosphere. Oil and gas systems and landfills are the second and third largest sources of methane emissions in the United States. HFCs are another, even more potent, super climate-pollutant with a global warming potential hundreds to thousands of times greater than carbon dioxide. A global HFC phasedown is expected to avoid up to 0.5°C of global warming by 2100.
Widespread noncompliance related to the unauthorized import, production, and use of HFCs, and methane emissions from oil and natural gas and landfill sectors have resulted in millions of tons of emissions of greenhouse gases (GHGs), as well as emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs), which have serious impacts to public health.
Goals
More information on EPA’s work to mitigate climate change is available on the Agency’s Addressing Climate Change in Enforcement and Compliance Assurance web page.
FY 2024 Mid-Year Results
Inspections and Off-site Compliance Monitoring
EPA conducted the following compliance monitoring activities as of June 2024:
|
Compliance Monitoring Activities |
|
|
350 |
Oil and Gas Investigations |
|
39 |
Landfill Inspections |
|
35 |
Oil and Gas Off-Site Compliance Monitoring |
EPA inspected HFC imports across the nation, with a focus on key ports where HFC imports are most frequent, including those identified by the U.S. Customs and Border Patrol (CBP), as potentially violating the American Innovation and Manufacturing (AIM) Act of 2020. The AIM Act was enacted on December 27, 2020. The AIM Act mandates the phasedown of HFCs by 85 percent from historic baseline levels by 2036 and authorizes EPA to address HFCs in three main ways: (1) phasing down HFC production and consumption through an allowance allocation program, (2) facilitating sector-based transitions to next- generation technologies, and (3) issuing certain regulations for purposes of maximizing reclamation and minimizing releases of HFCs from equipment.
Oil and Gas Enforcement Cases
As of June 2024, EPA concluded four oil and gas enforcement cases resulting in emissions reductions of 66,361 tons per year (tpy) of carbon dioxide equivalent methane emissions and 10,480 tpy of volatile organic compounds or VOCs and imposed $8.46 million in civil penalties. Examples of enforcement accomplishments include:
The Williams Companies, Inc., and Harvest Four Corners, LLC: In December 2023, the United States, the Southern Ute Indian Tribe, and the States of Alabama, Colorado, West Virginia, Wyoming, and Louisiana finalized a settlement agreement with the Williams Companies, Inc., and Harvest Four Corners, LLC for violations of the Clean Air Act and state clean air law requirements at their natural gas processing plants.
Williams agreed to pay a civil penalty of $3.75 million. As part of the settlement, Williams and Harvest will also ensure that 15 natural gas processing plants come into compliance with existing regulations, at a cost of $18 million. To address the environmental harm caused by the violations, estimated to be over 696 tons of dangerous volatile organic compounds, and 1,174 tons of methane, Williams agreed to perform equipment leak monitoring and leak repair projects to address the harm caused by its violations at 80 compressor stations that are not otherwise subject to those requirements across the United States. (Information sheet)
Apache Corporation: On April 11, 2024, the United States and State of New Mexico reached an agreement with Apache Corporation for violations of the Clean Air Act regulations at 23 oil and gas production facilities in New Mexico and Texas. As part of the settlement, Apache agreed to pay a civil penalty of $4 million and will bring 400 facilities across New Mexico and Texas into compliance with existing regulations. Apache agreed to replace 400 pieces of equipment that release emissions with zero-emitting equipment to address the environmental harm caused by the violations, which is estimated to be over 9,650 tons of volatile organic compounds, and 25,000 tons of greenhouse gas emissions, including methane. (Press release)
Texas Petroleum Investment Company of Lafayette, Louisiana: In April 2024, EPA finalized two settlements with Texas Petroleum Investment Company of Lafayette, Louisiana for Clean Air Act violations, and permitting requirements of the Louisiana State Implementation Plan, at two oil and natural gas production facilities in Louisiana. As part of the settlement, Texas Petroleum will pay a civil penalty of $599,700 and take actions that address the violations including continuous flame detection and flow monitoring at the Weeks Island Production Facility and operation maintenance requirements at storage tanks located at the Weeks Island East Facility. (Enforcement documents)
Landfill Enforcement Cases
As of June 2024, EPA concluded two civil landfill settlements resulting in emission reductions of upwards of 86,000 metric tons of carbon dioxide equivalent methane emissions and at least 32 metric tons of non-methane landfill gas emissions per year and imposed over $700,000 in penalties and projects, included as part of enforcement settlements that provide tangible environmental or public health benefits. Examples of enforcement accomplishments include:
Allied Waste Niagara Falls Landfill, LLC (Allied): In January 2024, EPA reached an agreement with Allied for Clean Air Act violations at its landfill. Under the settlement, Allied paid a $671,000 penalty and are operating a gas collection and control system to reduce the amount of harmful chemicals, primarily methane, as well as other harmful organic compounds, released into the air. The settlement will result in an estimated reduction of 86,000 metric tons of carbon dioxide equivalent methane emissions. The gas collection and control system also will prevent 32 metric tons of non-methane landfill gas emissions per year. (Press release)
Hamm, Inc.: In October 2023, EPA reached an agreement with Hamm, Inc. for Clean Air Act violations at its Hamm Sanitary Landfill in Lawrence, Kansas. Hamm failed to correct and re-monitor exceedances of the surface methane standard found during an EPA inspection within the required 10 days. As part of the settlement, Hamm agreed to pay a penalty of $4,206 and carry out an emissions monitoring project costing at least $30,000.
Hydrofluorocarbon Enforcement Cases
With the phasedown of HFCs, including a 30% reduction in January 2024, EPA is diligently monitoring for a related potential increase in illegal imports. As of June 2024, EPA concluded eight civil cases resolving violations related to the illegal importation of hydrofluorocarbons (HFCs) and brought several criminal cases. Examples of enforcement accomplishments include:
Resonac America Inc.: In March 2024, EPA reached an agreement with Resonac America Inc. to address the company’s illegal import of HFCs into the United States. Under the settlement, Resonac paid a $416,003 civil penalty and will safely destroy 1,693 pounds of HFCs. (Press release)
HVAC Services: In April 2024, EPA reached an agreement with HVAC Services, addressing the illegal importation of HFCs totaling approximately 10,920 kg of R-404A, R-410A, and R-407C shipments from Mexico. These bulk substances were imported without the importer expending consumption allowances which violates 40 C.F.R. § 84.5(b). The civil penalty required by HVAC Services in this case was $77,679.
More information on EPA’s concluded civil HFC enforcement cases is available on the Enforcement of the American Innovation and Manufacturing Act of 2020 web page.
In addition to the eight civil cases, EPA charged four individuals in criminal cases for alleged smuggling of HFCs.