According to a report in Environmental Compliance Alert, “Industrial and other types of operations are indeed much more likely to get hit with EPA penalties in 2011 for various environmental rule violations than ever before.” The article is based on a report from a government watchdog group, OBM Watch.
The article states that under President Obama, EPA is collecting fines in 95% of all Clean Water Act cases and closing them within 9 days. This compares to 87% collection of fines and closure in 26 days under President Bush. There is also a “big spike in fines under Obama’s EPA over stormwater violations at construction sites.”
The article also states “EPA sharply increased the number of enforcement cases” under the hazardous waste rules. Finally, Environmental Compliance Alert says, “EPA is also actively cracking down on spill and risk planning rules…”
Just a guess on my part here, but if the economy shows signs of recovery, we might see even less constraints on EPA enforcement action.
When considering environmental compliance, permitting, and planning, consult with your technical and legal team.
Here is link to the report by OMB Watch http://www.ombwatch.org/node/11402