Tag: EPA

Environmental Protection Agency sign

Take a Look at EPA’s Proposed National Compliance Initiatives for 2020–2023

Since President Donald Trump occupied the White House, the EPA has been methodically revising its approach to enforcement. One important policy change occurred in summer 2018 when the Agency’s Office of Enforcement and Compliance Assurance (OECA) announced that the National Enforcement Initiatives (NEI) program, the OECA’s triannual prioritization of the country’s top noncompliance problems, would […]

Pesticide worker

Rules for Noncertified Applicators of Restricted Use Pesticides (RUPs)

In January 2017, the EPA amended its regulations affecting the certification of applicators of restricted use pesticides (RUPs). In writing the amendments, the Agency needed to balance two somewhat opposing forces—strengthen requirements to ensure that applicators and particularly young applicators, as well as the families of applicators, were not harmed by exposure to RUPs while […]

Air pollution

EPA’s NESHAP Proposal Includes No Emission Changes for HCl

The EPA is proposing minor amendments to its National Emission Standards for Hazardous Air Pollutants (NESHAP) for the hydrochloric acid (HCl) production source category. Required under Section 112 of the Clean Air Act, the Agency’s residual risk and technology review (RTR) would find, first, that the 2003 NESHAP for the source category is protective of […]

Balancing environmental enforcement and business

Higher EPA Penalties for Noncompliance Are in Effect

Although delayed by the government shutdown, the EPA has finalized regulations adjusting its civil penalties to account for inflation. Therefore, effective February 6, 2019, the maximum civil penalties that the EPA may impose for violations of various environmental statutes have increased by just over 1 percent.

Under RCRA, What Do ‘More Stringent’ and ‘Broader in Scope’ Mean?

Section 3009 of Subtitle C of the Resource Conservation and Recovery Act (RCRA) allows EPA-authorized states to promulgate hazardous waste regulations that are more stringent (MS) than counterpart federal hazardous waste (hazwaste) rules. If the EPA authorizes the MS provisions, they become part of the federal hazwaste program, which means that the EPA may enforce […]

Should Your Hazardous Waste Be Managed As Universal Waste?

Determining whether you are allowed to, and also whether you should, manage certain generated wastes as universal wastes rather than hazardous wastes is a dilemma that can plague a generator of hazardous waste. The questions the issue brings forth range from knowing what hazardous wastes qualify for universal waste management to identifying the perceivable advantages […]

USA! USA!

Shift in State AG Numbers Could Affect Environmental Policy, Enforcement

The results of the November 2018 midterm elections could have an impact on environmental policy and enforcement. Less noticed than the takeover of the U.S. House of Representatives by the Democrats, but also significant, were victories by Democrats in four state attorney general (AG) contests. Nationwide, the voting shifted the balance in favor of Democrats, […]

Sewage treatment plant

EPA Urged by OIG to Assess Unregulated Pollutants in Biosolids

Following a 14-month performance audit of the EPA’s biosolids program, the EPA’s Office of Inspector General (OIG) found what it believes to be significant gaps in the Agency’s implementation of its statutory obligation to protect human health and the environment. The major weakness identified by the OIG relates to the EPA’s regulation of pollutants in […]