Category: Regulatory Developments

MMR: 3rd Circuit Narrows PSD Permit Applicability

A decision in Port Hamilton Refining and Transportation LLP v. EPA by the U.S. Court of Appeals for the 3rd Circuit found that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) Permit wasn’t required to restart operations at a St. Croix, U.S. Virgin Islands, refinery, even though the facility has been idle since […]

National Priorities List Update

The National Priorities List (NPL) includes the most seriously contaminated Superfund sites across the nation. These sites contain uncontrolled or abandoned releases of contamination. The list serves as the basis for prioritizing EPA Superfund cleanup funding and enforcement actions. Only releases at nonfederal sites included on the NPL are eligible to receive federal funding for […]

Title V Air Permit Compliance Without Emergency Affirmative Defense

On July 21, 2023, the EPA published a final rule in the Federal Register that removes the “emergency” affirmative defense provisions from the EPA’s Title V operating permit program regulations. Title V background The Title V program requires major sources of air pollutants, and certain other sources, to obtain and operate in compliance with an […]

WOTUS Redefined in Response to SCOTUS Sackett Decision

On August 29, 2023, the EPA and the U.S. Army Corps of Engineers (Corps) announced a final rule amending the 2023 definition of “waters of the United States (WOTUS)” to conform with the recent U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA. Having a clear and defensible definition of WOTUS is critical for Clean […]

OSHA Proposes Changes to Inspection Regulations

On August 30, the Occupational Safety and Health Administration (OSHA) announced proposed changes to its regulations for workplace inspections (88 Fed. Reg. 59793). The proposed rule would clarify provisions and requirements for employee representatives during agency inspectors’ workplace walkarounds. The proposed rule would clarify that employees may authorize another employee or a nonemployee third party […]

Another Chapter in the Mountain Valley Pipeline Court Battle

On July 27, 2023, the U.S. Supreme Court (SCOTUS) cleared yet another legal hurdle for the controversial Mountain Valley Pipeline (MVP), a 303-mile pipeline with capacity to carry 2 billion cubic feet of natural gas daily from northern West Virginia to southern Virginia. The reprieve, while only temporary, may give the project enough time to […]

EPA Proposes Stronger Lead Paint Standards

In July 2023, the EPA proposed stronger requirements for the removal of lead-based paint (LBP) hazards in pre-1978 buildings and childcare facilities. Although LBP was banned for residential use by the federal government in 1978, it’s estimated that more than 31 million pre-1978 houses still contain LBP and more than 3 million of them have […]

EPA Finalizes Asbestos Reporting Rule

The EPA recently announced its final rule requiring reporting on all six fiber types of asbestos. Issued under Section 8(a) of the Toxic Substances Control Act (TSCA), the rule requires asbestos manufacturers (including importers) and processors to report certain use and exposure information from the past 4 years, including information on asbestos-containing products (including as […]

Trump Administration Benefit-Cost Analysis Rule Rescinded

Effective August 14, 2023, the EPA’s rescission of the Trump-era rule “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act (CAA) Rulemaking Process” will be finalized. The rule (Benefit-Cost Rule) was rescinded “because the changes advanced by the rule were inadvisable, untethered to the [CAA], and not necessary to effectuate […]

TSCA and TRI Complexities with the Increased Focus on PFAS

The EPA recently announced its framework for addressing new per- and poly-fluoroalkyl substances (PFAS) and new uses of PFAS and published its final rule adding nine new PFAS to the Toxics Release Inventory (TRI). These actions advance the goals of the Agency’s PFAS Strategic Framework. New framework to prevent unsafe new PFAS from entering the […]