EPA Adopts a “Compliance First” Enforcement Strategy: What It Means for Oil & Gas Companies
- Melissa Esparza
- 2 hours ago
- 5 min read
NOTE: This article is intended to provide an overview of EPA’s compliance philosophy shift and should not be construed as legal advice. Organizations should consult environmental counsel for guidance tailored to their specific circumstances.
On December 5, 2025, Acting Assistant Administrator of the U.S. Environmental Protection Agency (EPA), Craig Pritzlaff, issued a memo to Office Directors and Deputies of the Office of Enforcement and Compliance Assurance (OECA) emphasizing the agency's new "compliance first" posture towards enforcement of EPA regulations. The internal memorandum is drawing significant attention across regulated industries and environmental policy circles by establishing a “compliance first” enforcement strategy aimed at reshaping how the agency approaches civil enforcement and compliance work.
The directive is clear: EPA’s primary objective is no longer enforcement for its own sake, but instead achieving regulatory compliance as efficiently, economically, and quickly as possible, using the most legally defensible interpretations of environmental statutes and regulations.
In our view, this new direction does not eliminate enforcement. Instead, it changes how and when EPA uses its enforcement authority. This article provides some perspective on what the new approach means for oil and gas operators and how Platinum Control can help you achieve and maintain compliance cost-effectively.
What the EPA “Compliance First” Stance Really Means
The memo reads:
“This policy reinforces prioritizing environmental compliance across all OECA civil judicial and administrative enforcement activities in the most efficient, most economical, and swiftest means possible, while ensuring that our actions align with the clearest, most defensible interpretations of our statutory and regulatory mandates.”
Our interpretation, practically speaking, is that the EPA is directing its staff to:
Focus first on bringing facilities into compliance
Use compliance assistance and early engagement wherever possible
Reserve litigation and punitive measures for cases that truly warrant them
Put simply, we believe EPA is being directed to work with oil and gas operators (and all regulated entities) to achieve compliance before reaching for enforcement tools.
“Compliance first” might sound straightforward, but the policy embodies several specific directives that could influence interactions between the EPA and operators. Here are some of our takeaways:
Compliance Assistance Before Punishment. EPA regions are now directed to prioritize tools such as compliance assistance and technical guidance, voluntary disclosures and self-audits, informal resolution, and corrective action plans. The goal is to correct violations quickly rather than defaulting first to formal enforcement actions.
Enforcement Must Be Legally Clear and Defensible. The memo emphasizes that enforcement actions must rely on clear statutory authority, well-established regulatory interpretations, and strong factual records. Novel, aggressive, or ambiguous enforcement theories are discouraged unless they have been vetted and approved at higher levels within EPA.
Enhanced Coordination with States and Stakeholders. OECA staff are instructed to avoid duplicative enforcement and to defer to state environmental agencies, tribal authorities, and existing state-led enforcement actions, This direction reinforces a cooperative federalism approach and reduces overlapping enforcement pressure on regulated entities.
Greater Transparency with Regulated Parties. EPA offices are encouraged to communicate early and clearly about compliance expectations, set realistic compliance timelines, and explain what is required to resolve potential violations. This is intended to reduce uncertainty, avoid surprises, and encourage faster corrective action.
Narrower Use of Settlements and Injunctive Relief. The memo also makes clear that Supplemental Environmental Projects (SEPs) are paused until further guidance. Injunctive relief must be directly tied to statutory requirements and settlement demands must be proportional and approved through internal review. This limits the scope of enforcement settlements and keeps them focused on achieving compliance, not used for broader policy objectives.
What This Does and Doesn’t Mean
Make no mistake: the new direction is not a free pass and the “compliance first” approach is not a relaxation of environmental standards. EPA retains full enforcement authority and has explicitly carved out exceptions that would trigger enforcement actions for immediate threats to public health or the environment, chronic or repeat noncompliance, and willful violations or concealment. In those cases, EPA confirmed it will still pursue strong enforcement actions, including penalties and litigation.
However, this shift could mean fewer protracted enforcement battles, more opportunities to resolve issues early, and greater predictability around EPA expectations. The emphasis on clarity and collaboration could offer substantial benefits for businesses that invest in strong compliance programs and maintain open dialogue with regulators.
Why It Matters
The “compliance first” approach reflects broader trends in environmental policy: an attempt to make regulation more cooperative, less adversarial, and more predictable. For operators with strong compliance programs, this policy shift is significant, as it encourages them and the agency to resolve issues sooner and with less disruption, makes enforcement risk more predictable, and facilitates more constructive engagement between regulators and the regulated.
However, companies that ignore compliance or delay corrective action should not expect leniency. The memo rewards good-faith compliance efforts, not inaction.
Environmental advocates and some former EPA staff have expressed concerns that the new “compliance first” posture might be too friendly towards industry and reduce the deterrent impact of enforcement or widen the gap between federal and state priorities. Only time will tell how the policy unfolds in practice and how courts, states, and stakeholders respond.
Platinum Control Can Help
Platinum Control helps oil and gas operators meet environmental regulations by reducing emissions at the source, monitoring performance, and keeping equipment operating safely and reliably. Our solutions help make compliance profitable and easier to maintain while improving efficiency and supporting day-to-day operations.
Reducing Emissions at the Source. We design and supply high-efficiency Vapor Recovery Units (VRUs) that capture vapors from storage tanks and other equipment that would otherwise be vented or flared. By capturing up to ~95 % of these vapors and converting them into revenue, operators can significantly reduce emissions of methane and volatile organic compounds (VOCs) – a key requirement under many state and federal air quality rules.
Improving Operational and Environmental Performance. Our most popular VRUs are engineered to move more gas using the same horsepower as competing equivalents, reducing the number of potential fugitive emission points and simplifying compliance with emissions limits. More efficient systems also tend to require less maintenance and experience higher uptime, helping facilities remain within permitted operating parameters.
Supporting Compliance Through Technology and Monitoring. Our VRUs are equipped with PULSE™, our advanced remote monitoring capability to help operators track performance and detect issues early. Real-time visibility allows operators to identify and correct compliance risks before regulators intervene, reducing the likelihood of enforcement actions.
Burner Management Systems for Safe, Reliable Operations. The Platinum-600 Burner Management System (BMS) provides automated control, ignition, and safety functions for fired equipment. This not only enhances safety but also ensures combustion equipment operates within permitted temperature and emissions parameters – an important part of meeting air quality and equipment reliability standards, especially in New Mexico.
Tailored Support and Rapid Field Service. We take a consultative approach, starting with a detailed evaluation of a facility’s operations to identify compliance gaps and design optimized solutions. We offer a 24-hour rapid response service guarantee to minimize emissions events and equipment downtime, helping operators stay compliant with permit conditions and maintenance obligations.
Aligning Environmental Performance with Business Goals. Because our solutions both reduce emissions and improve operational efficiency, we help operators meet regulatory requirements without sacrificing productivity. Captured vapors, for example, can be sold or reused, turning an environmental compliance cost into a revenue opportunity. We help make compliance profitable.
Turn compliance into an advantage! Contact us today at sales@platinumcontrol.com or 432-695-4992 to talk about how Platinum Control can help you reduce emissions, improve reliability, and protect your bottom line.