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On March 26, 2020, the EPA’s Office of Enforcement and Compliance Assistance (OECA) issued a temporary enforcement discretionary policy due to the COVID-19 pandemic. Generally, the policy states that “regulated entities should make every effort to comply with their environmental compliance obligations,” but the EPA does not expect to seek penalties for violations of routine compliance […]
On July 13, 2020, the EPA published its final rule “to update and clarify the substantive and procedural requirements for water quality certification under Clean Water Act (CWA or the Act) section 401.”
Affirmative defense provisions within state implementation plans (SIPs) have long been a controversial topic and the subject of litigation against the EPA.
The EPA has released its Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions. Known as the Spring Agenda, this report provides public updates about planned regulatory activity for the federal government for the next 12 months.
In the second quarter (Q2), the EPA finalized 165 settlement agreements with companies small and large across the United States. This represents a decrease in enforcement actions—down from 188 penalties issued in Q1 for 2020. The actions taken resulted in $3,482,842 in fines. Here are some of the highlights.
The EPA issued a final rule in its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan on June 22, 2020. This means that certain products that could contain harmful PFAS cannot be imported, produced, sold, or manufactured in the United States without EPA approval or the Agency imposing certain restrictions that would address unacceptable risks. Examples […]
UPDATE: The EPA has added an addendum to this policy which states that it will terminate on August 31, 2020. The EPA reserves the right to terminate the policy sooner than August 31, but if the Agency chooses to do so, it will provide a 7-day notice period. To learn more, keep reading the original […]
On June 25, 2020, the EPA recognized eight initiatives by federal agencies for their efforts in increasing efficiency in their facilities in fiscal year 2019. The Agency is encouraging all businesses to follow their lead for the good of the environment and the bottom line.
The EPA issued its final risk evaluation for methylene chloride under the Toxic Substances Control Act (TSCA) on June 24, 2020. The EPA findings indicate that methylene chloride (also known as dichloromethane and methylene dichloride) poses threats to human health and safety in 47 out of the 53 types of uses reviewed, including threats to […]
Executive Order (EO) 13924, issued in response to COVID-19 by President Donald Trump on May 19, 2020, authorized federal agencies to provide regulatory relief to support recovery of the economy. Trump characterized this order as giving agencies “tremendous power” to cut regulations seen to hinder economic recovery.