Beginning in 2014, the U.S. Environmental Protection Agency (EPA) began rolling out a suite of new enforcement strategies and tools that the EPA has referred to collectively as “next generation compliance.” Next generation compliance or NGC refers to five overlapping EPA initiatives, each centered on the use of existing and emerging technology as a way to achieve greater environmental compliance by the regulated community. The five overlapping initiatives include the following: (1) Built-in compliance using more effective rules and permits; (2) advanced monitoring; (3) electronic reporting; (4) increased transparency; and (5) innovative enforcement.
Shortly after the EPA began rolling out the NGC program, we wrote an article for the Legal Intelligencer projecting what NGC could mean for the regulated community. Now that we are several years into the program, we can evaluate how the program has been implemented to date and identify some challenges that the EPA and interested stakeholders face in the years ahead. Developments on the major components of NGC are discussed in further detail below.
Built-in Compliance Using More Effective Rules and Permits
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