Tag: EPA

SCOTUS Restores Trump-Era Water Rule, For Now

In a close 5–4 decision, on April 6, 2022, the U.S. Supreme Court (SCOTUS) reinstated a Trump-era Clean Water Act (CWA) regulation that limited state and tribal authority in the permitting process for projects in their territory. History The CWA made it unlawful to discharge any pollutant from a point source into navigable waters unless […]

Proposal Requires FRPs for Hazardous Substances

A recently proposed rule would require facilities located near navigable waters and storing hazardous substances above certain levels to submit Facility Response Plans (FRPs) for worst-case discharges and substantial threats of worst-case discharges of those hazardous substances. “As climate change increases the frequency and severity of extreme weather events, planning and preparedness for these incidents […]

Final Death Knell for Asbestos?

The only known form of asbestos still imported into the United States has been proposed to be banned by the EPA. Chrysotile asbestos is utilized in asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets also imported into the United States. The proposed rule banning the import of […]

EPA Plan to Reduce Interstate NOx Transport

On April 6, 2022, the EPA’s proposed rule to tackle the obligations of upwind states to ensure they do not interfere with ozone attainment for downwind states was published in the Federal Register. This Federal Implementation Plan (FIP) is proposed under the “interstate transport” (good neighbor) provision of the Clean Air Act (CAA) to further […]

Perchlorate to Remain Unregulated in Drinking Water

On March 31, 2022, the EPA announced it will not regulate perchlorate in drinking water. Perchlorate is a chemical commonly used in rocket fuel, fireworks, airbag initiators, matches, and signal flares. The EPA announcement followed its review of a July 2020 determination with the same conclusion. The previous determination concluded “that perchlorate is not found […]

EPA Proposes Removing Emergency Affirmative Defense

On March 28, 2022, the EPA revived an Obama-era proposed regulation that, if enacted as proposed, will remove the emergency affirmative defense provisions found under Title V (40 Code of Federal Regulations (CFR) 70.6(g)) of the Clean Air Act (CAA). The provision of the act defines an emergency as “any situation arising from sudden and […]

Understanding UST Obligations

A February 23, 2022, Consent Agreement (CA) entered into between the EPA and York Fuel Stop Inc. highlights the importance of understanding and following regulatory requirements for underground storage tanks (USTs). York Fuel’s alleged violation was for failure to maintain financial responsibility, as determined during the Pennsylvania Department of Environmental Protection’s (PA DEP) March 28, […]

Federal ‘Good Neighbor Plan’ Proposed to Reduce Downwind Smog

The EPA’s proposed “Good Neighbor” plan is expected to cut pollution from power plants and other industrial sources for millions of Americans living downwind of those sources. This type of pollution significantly contributes to ground-level ozone, or smog. The proposal relies on commonly used and affordable pollution controls to help 25 states fully resolve their […]

California Allowed to Move Ahead with Tougher Vehicle Emissions Standards

On March 9, 2022, the Biden administration EPA announced it is reinstating the “California Waiver,” which provides the Golden State with its regulatory authority to set more stringent fuel efficiency and vehicle greenhouse gas (GHG) emissions standards. This decision reverses the previous administration’s action that had removed this authority. “Today, we proudly reaffirm California’s longstanding […]

EPA Acts to Involve Scientific Review Sooner

On February 28, 2022, the EPA issued an internal memorandum detailing rules for an improved process to engage its Scientific Advisory Board (SAB) sooner in the review of scientific and technical components of proposed EPA decisions. Timely expert advice, based on the review of scientific and technical information, from the SAB to support Agency decisions […]