FY 2022 Annual Results

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Federal Inspections Conducted by EPA in Areas of Potential Environmental Justice Concern
FY 2022

The FY 2022 -2026 EPA Strategic Plan sets forth a goal to increase the percentage of inspections in areas of potential environmental justice (EJ) concern from past levels of about 30% to 55% annually by the end of FY 2026.
In FY 2022, EPA performed nearly 57% of its inspections at facilities affecting communities with potential EJ concerns significantly exceeding its FY 2022 target of performing 45% of inspections at facilities affecting communities with potential EJ concerns and even exceeding its 5-year goal of 55% of inspections.

1. An inspection is determined to have been performed in an area with potential EJ concerns either based on the EJScreen value or on the results of a more detailed review performed. This data is reported for each inspection performed by EPA and reported to ICIS.
2. Inspections labeled “EJ Not Applicable” were performed under a regulatory program for which an EJ analysis could not reliably be conducted because they may affect many different communities (e.g., vehicle imports).
3. Inspections labeled “EJ Score Not Available” are missing the required EJ data in ICIS.

Total Civil Enforcement Case Conclusions in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

EPA began highlighting cases impacting communities with potential environmental justice (EJ) concerns in FY 2021. EPA continued to focus on non-compliance in such areas in FY 2022.
In FY 2022 the percentage of cases that address facilities in areas of potential EJ concern was nearly 44%. This is the highest percentage since FY 2014, the first year for which OECA routinely collected EJ statistics.

1. EPA is reporting results for cases initiated since FY 2014, since we did not routinely collect information on potential EJ concerns prior to FY 2014. EPA relies on EJScreen, which was peer reviewed in early 2014 and released to the public in 2015.
2. Area of Potential EJ Concern “Yes” are Cases which address at least one facility in an area of potential EJ concern. Area of Potential EJ Concern “No” are Cases where none of the facilities are in an area of potential EJ concern. EJ Not Applicable refers to Cases for which an EJ analysis could not reliably be conducted because they may affect many different communities (e.g., pesticide imports).
3. The number of conclusions on this bar chart are slightly lower than the total number of conclusions that EPA obtained because cases initiated prior to FY 2014 are excluded.

Estimated Value of Administrative and Civil Judicial Complying Actions (Injunctive Relief) in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

EPA began highlighting cases impacting communities with potential environmental justice (EJ) concerns in FY 2021. EPA continued to focus on non-compliance in such areas in FY 2022.
In FY 2022, almost 12% of the total injunctive relief EPA obtained was from cases in areas of potential EJ concern including the City of Fall River, Massachusetts case, where $127M in controls were ordered to address water quality impairments by reducing sewer overflows and optimizing chlorination.

The high IR value in FY 2021 was the result of a very large case in New York City ($1.1B).

1. EPA is reporting results for cases initiated since FY 2014, since we did not routinely collect information on potential EJ concerns prior to FY 2014. EPA relies on EJScreen which was peer reviewed in early 2014 and released to the public in 2015.
2. Cost of Complying Actions totals, adjusted for inflation, are shown from cases which have at least one facility in an area of potential EJ concern. For multi-facility cases where only some facilities are in an area of potential EJ concern, the Cost of Complying Actions is adjusted for the percentage of the facilities in an area of potential EJ concern.
3. The term “Injunctive relief” refers to actions mandated by an enforcement action that a regulated entity must perform, or refrain from performing, to bring that entity into compliance with environmental laws. The chart shows the estimated cost of all such mandated actions resulting from enforcement case conclusions in that fiscal year.
4. All prior FY dollar figures in the graph are adjusted to reflect the current value in FY 2022 dollars based on the monthly rate of inflation/deflation as determined by the U.S. Department of Labor Consumer Price Index for All Urban Consumers.

Administrative and Civil Judicial Penalties Assessed in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

EPA began highlighting cases impacting communities with potential environmental justice (EJ) concerns in FY 2021. EPA continued to focus on non-compliance in such areas in FY 2022.
In FY 2022, penalties for cases at facilities in areas of potential EJ concern totaled over 26% of all penalties assessed including,

$2.9M assessed to be paid by Formosa Plastics in Point Comfort, Texas;
$2.8M assessed to be paid by Churchill Downs Louisiana Horseracing Co. in New Orleans, Louisiana; and
$2.5M assessed to be paid by Keystone Automotive Operations, Inc, in Exeter, Pennsylvania.

1. EPA is reporting results for cases initiated since FY 2014, since we did not routinely collect information on potential EJ concerns prior to FY 2014. EPA relies on EJScreen, which was peer reviewed in early 2014 and released to the public in 2015.
2. Penalty assessed totals, adjusted for inflation, are shown from cases which have at least one facility in an area of potential EJ concern. For multi-facility cases where only some facilities are in an area of potential EJ concern, the penalty assessed amount is adjusted for the percentage of the facilities in an area of potential EJ concern.
3. All prior FY dollar figures in the graph are adjusted to reflect the current value in FY 2022 dollars based on the monthly rate of inflation/deflation as determined by the U.S. Department of Labor Consumer Price Index for All Urban Consumers.

Environmental Benefits: Estimated Pollutants Reduced, Treated, or Eliminated (Air, Toxics, and Water) in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

EPA began highlighting cases impacting communities with potential environmental justice (EJ) concerns in FY 2021. EPA continued to focus on non-compliance in such areas in FY 2022.
In FY 2022, nearly 25% or over 23M pounds of the total estimated pollutants required to be reduced, treated or eliminated in all cases were in areas of potential EJ concern.

Air pollutants to be reduced, treated, or eliminated – nearly 7.6M pounds;
Water pollutants to be reduced, treated, or eliminated – 14.8M pounds;
Toxics and pesticides to be reduced, treated, or eliminated – 965,000 pounds.

For FY 2019, two large cases accounted for 79% of the results that year in areas of potential EJ concern (MR Developers LLC - Montecielo CWA NPDES case in Guaynabo, Puerto Rico and the Bruin E&P Partners, LLC CAA Stationary Source case at the Fort Berthold Indian Reservation North Dakota).

1. EPA is reporting results for cases initiated since FY 2014, since we did not routinely collect information on potential EJ concerns prior to FY 2014. EPA relies on EJScreen, which was peer reviewed in early 2014 and released to the public in 2015.
2. These Environmental Justice values are also included in the previous slide that displays the total pounds of air, water, and toxics reduced, treated or eliminated.
3. Air, toxics, and water pounds reduced totals are shown from cases which have at least one facility in an area of potential EJ concern. For multi-facility cases where only some facilities are in an area of potential EJ concern, the pounds reduced amount is adjusted for the percentage of the facilities in an area of potential EJ concern.

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Federal Inspections Conducted by EPA in Areas of Potential Environmental Justice Concern FY 2022

Total Civil Enforcement Case Conclusions in Areas of Potential Environmental Justice Concern FY 2014 – FY 2022

Estimated Value of Administrative and Civil Judicial Complying Actions (Injunctive Relief) in Areas of Potential Environmental Justice Concern FY 2014 – FY 2022

Administrative and Civil Judicial Penalties Assessed in Areas of Potential Environmental Justice Concern FY 2014 – FY 2022

Environmental Benefits: Estimated Pollutants Reduced, Treated, or Eliminated (Air, Toxics, and Water) in Areas of Potential Environmental Justice Concern FY 2014 – FY 2022

Federal Inspections Conducted by EPA in Areas of Potential Environmental Justice Concern
FY 2022

Total Civil Enforcement Case Conclusions in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

Estimated Value of Administrative and Civil Judicial Complying Actions (Injunctive Relief) in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

Administrative and Civil Judicial Penalties Assessed in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022

Environmental Benefits: Estimated Pollutants Reduced, Treated, or Eliminated (Air, Toxics, and Water) in Areas of Potential Environmental Justice Concern
FY 2014 – FY 2022