Category: Environmental

Who’s Paying for PFAS Cleanup?

With the EPA finalizing the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per- and polyfluoroalkyl substances (PFAS), the next obvious question becomes: Who is legally liable for both the consequences of their presence and the cost of removing these chemicals from drinking water? The U.S. Senate Committee on […]

EPA Finalizes Drinking Water Standard for PFAS Pollution Protection

On April 10, 2024, the EPA announced it issued the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” Exposure to PFAS has been linked to deadly cancers, impacts to the liver and heart, and immune and developmental damage to […]

A Closer Look at Construction Stormwater General Permits

Most contractors are familiar with pulling construction stormwater general permits (CGP) when a project will disturb more than 1 acre of land. However, it’s also important to note there are some instances when a permit is still required on projects that “disturb” less than an acre of land. Additionally, some projects also require federal and […]

Appeals Court Rules EPA Went Too Far in PFAS Order

On March 21, 2024, a federal appeals court ruled the EPA overstepped its authority in ordering Inhance Technologies, LLC, to stop producing per- and polyfluoroalkyl substances (PFAS) during the fluorination of plastic containers. Background On December 1, 2023, the EPA issued orders to Inhance, a Houston-based plastics treatment company, directing it not to produce PFAS […]

New York’s Cap-and-Invest Program and GHG Reporting Requirements

As part of the 2019 Climate Leadership and Community Protection Act (CLCPA), New York state continues to aggressively implement new regulations that will significantly impact industry groups. The New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) are in the process of putting a trio […]

EPA Publishes TSCA Draft Risk Evaluation for Formaldehyde

The EPA recently released the draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA) for public comment and peer review. Formaldehyde is a colorless, flammable gas at room temperature and has a strong odor. It’s also found nearly everywhere. People and animals produce and release formaldehyde, and it’s produced when organic materials […]

EPA Announces 2022 Toxic Release Inventory Data

On March 21, 2024, the EPA announced the release of its 2022 Toxics Release Inventory (TRI) National Analysis showing that environmental releases of TRI chemicals from facilities covered by the program were 21% lower in 2022 compared with 2013, which included a 26% decrease in air releases. The data shows releases from manufacturing facilities decreased […]

EPA Finalizes CWA Hazardous Substance Facility Response Plan Rule

On March 14, 2024, EPA Administrator Michael Regan signed a final rule requiring certain facilities to develop facility response plans (FRP) for a worst-case discharge of Clean Water Act (CWA) hazardous substances or the threat of such a discharge. Worst-case discharges are defined as the largest foreseeable discharge in adverse weather conditions, including extreme weather […]

D.C. Circuit Vacates SIP Calls Based Solely on SSM Exemptions

The D.C. Circuit Court of Appeals recently vacated the EPA’s rule that required 32 states to revise their state implementation plans (SIP) due to exemptions that allowed for excess emissions from facilities resulting from startups, shutdowns, or malfunctions (SSM). “The agency exceeded its statutory authority in calling for a blanket removal of these ‘SSM’ exemptions […]

EPA Enforcement Roundup Q1 2024

In the first quarter (Q1), the EPA finalized 235 settlement agreements with companies small and large across the United States. This represents a slight increase in enforcement actions—up from 206 penalties—issued in Q4 for 2023. The actions taken resulted in $8,002,246 in fines. Here are some of the highlights. RCRA violations yield biggest fine from […]