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A panel of the U.S. Court of Appeals for the D.C. Circuit rejected challenges the Sierra Club mounted against procedures the EPA uses to approve plans states develop to monitor compliance with the National Ambient Air Quality Standards (NAAQS).
In a final rule, the EPA has revised the Agency’s Freedom of Information Act (FOIA) regulations to incorporate amendments to the FOIA that Congress issued in 2007, 2009, and 2016. These are the first substantive changes the Agency has made to its FOIA regulations since 2002. Among the more important revisions, the rule clarifies which […]
In 2013, the U.S. Chemical Safety and Hazard Investigation Board (CSB) reported on an explosion and fire that occurred in 2011 at a fireworks disposal magazine in Hawaii in which five personnel were killed. According to the CSB, the use of equipment that could cause a spark likely ignited black powder that had accumulated inside […]
Under a new EPA proposal, a major source of hazardous air pollutants (HAPs) could be reclassified as an area source at any time by limiting its potential to emit (PTE) HAPs to below the major source thresholds of 10 tons per year (tpy) of any single HAP or 25 tpy of any combination of HAPs. […]
In a final rule, the EPA has revised its dust-lead hazard standards (DLHS) to address exposures generated by lead-based paint in residential dwellings and child-occupied facilities (COFs). The rule complies with orders issued by the U.S. Court of Appeals for the 9th Circuit in December 2017 and March 2018. The court had found in favor […]
In 2013, the EPA promulgated a final rule that removed solvent-contaminated wipes that are either cleaned and reused or disposed of from regulation under the Resource Conservation and Recovery Act (RCRA). The exclusions come with conditions, meaning the generators of these wipes must conduct certain actions to qualify. One such condition described here is that […]
“Is my waste hazardous?” This is a question common to generators of wastes in all industries. The answer to this question is essential, as it’s at the heart of the Resource Conservation and Recovery Act (RCRA) regulations for handlers of hazardous waste. Generators as well as owners/operators of treatment, storage, and disposal facilities (TSDFs) cannot […]
In an action that ranks in importance with President Donald Trump’s withdrawal from the Paris Climate Accord, the U.S. Environmental Protection Agency (EPA) has formally repealed the Obama administration’s Clean Power Plan (CPP) and replaced it with the Affordable Clean Energy rule (ACE). Both actions are contained in the same rule along with a third […]
Explosions at two petroleum refineries in 2015 and 2018 resulted in a high level of alarm in the neighboring communities about the possibility of releases of clouds of hydrofluoric acid (HF) or modified HF (MHF) into those communities. The U.S. Chemical Safety and Hazard Investigation Board (CSB) investigated both incidents and also held public meetings […]
The EPA has issued new guidance describing measures and other considerations federal agencies should adopt when fulfilling their roles in the Clean Water Act’s (CWA) Section 401 state certification process, particularly in relation to federal permitting of infrastructure projects. Specific topics addressed in the guidance are timelines for review and action on Section 401 certifications, […]