Tag: EPA

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 […]

EPA Must Improve Benzene Fenceline Monitoring Enforcement

An EPA Office of Inspector General (OIG) report, dated September 6, 2023, recommends that the EPA enhance oversight to ensure all refineries remain in compliance with benzene fenceline monitoring regulations. “Oversight by the EPA and delegated authorities has not ensured that all refineries that exceed the action level reduce their benzene concentrations at their fencelines,” […]

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 […]

The Ongoing Battle Over EtO

The EPA’s proposed rules on regulating ethylene oxide (EtO) have sparked a catfight between the EPA and the Food and Drug Administration (FDA), according to several sources. In April 2023, the EPA issued two proposals aimed at reducing EtO emissions, including more stringent air emissions standards and additional protections for workers who are exposed to […]

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 […]

Chemical Safety Board Applauds EPA Hydrogen Fluoride Initiative

The U.S. Chemical Safety and Hazard Investigation Board (CSB) applauded the U.S. Environmental Protection Agency’s (EPA) updated National Enforcement and Compliance Initiatives (NECIs), which continue the EPA’s focus on reducing risks of accidental releases at industrial and chemical facilities. For the first time, the EPA’s initiatives emphasize inspecting and addressing noncompliance at facilities that use […]

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 […]

New EJ Toolkit for Lead Paint Enforcement Programs

The EPA recently released a new resource for federal, state, tribal, and local government enforcement practitioners to use during all stages of environmental enforcement and compliance monitoring activities designed to eliminate harmful exposures to lead paint in housing. The Environmental Justice Toolkit for Lead Paint Enforcement Programs is a compilation of best practices and supports […]

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 […]

The Reality of Cutting GHG Emissions by Pushing EVs

To say that the EPA’s most ambitious plan to date to cut greenhouse gas (GHG) emissions from passenger vehicles has been met with skepticism is an understatement. The overriding reason is that the plan isn’t realistic. The truth is clear, according to a variety of sources, for multiple reasons. The plan On April 12, 2023, […]