EPA Narrows Scope of “Begin Actual Construction” Restriction Under New Source Review Preconstruction Permitting Program
On March 25, EPA issued a draft memorandum outlining its revised regulatory interpretation of when site owners and operators can “begin actual construction” of new major stationary sources or major modifications to existing major sources under the New Source Review (NSR) preconstruction permitting program. Under the NSR program and Prevention of Significant Deterioration of Air Quality rules at 40 C.F.R § 52.21, a site owner cannot “begin actual construction” on these sources without an NSR permit in hand. “Begin actual construction” is defined as “in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. … [including] installation of building supports and foundations, laying underground pipework and construction of permanent storage structures.”
U.S. EPA Publishes Supplemental “Transparency in Science” Proposed Rule
On March 18, the U.S. Environmental Protection Agency (EPA or the Agency) published a supplemental notice of proposed rulemaking in its “Strengthening Transparency in Regulatory Science” rulemaking. EPA’s original “Transparency in Science” proposal, published in April 2018, proposed that “for the science pivotal to its significant regulatory actions, EPA will ensure that the data and models underlying the science is publicly available in a manner sufficient for validation and analysis.” (more…)
New U.S. Department of Justice Guidance Ends Use of Supplemental Environmental Projects (SEPs) in Settlements
On March 12, the U.S. Department of Justice (DOJ) Environment and Natural Resources Division (ENRD) issued guidance ending its decades-long practice of permitting private defendants in civil settlements to expend funds to provide environmentally beneficial goods and services to third parties in lieu of civil penalty payments. Defendants have long preferred to undertake supplemental environmental projects (SEPs) in lieu of paying larger penalties, and government enforcement lawyers saw SEPs as a valuable tool to encourage settlements. DOJ now finds that these SEPs violate the federal Miscellaneous Receipts Act, which requires federal officers receiving funds on behalf of the United States to deposit those funds into the United States Treasury. “Moving forward, [SEPs] will no longer be part of the suite of relief the Environment and Natural Resources Division seeks in its cases (unless specifically authorized by Congress), both in light of their inconsistency with law and their departure from sound enforcement practices,” according to ENRD’s memorandum. ENRD’s new policy is prospective and will not affect SEPs in existing settlements.
The EPA Issues Final Rule on Inspections in Civil Cases
On March 2, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule providing the procedures for EPA inspections in civil cases. (more…)
The EPA Responds to Coronavirus with List of Approved Disinfectant Products
On Tuesday, March 3, the U.S. Environmental Protection Agency (EPA) released a list of antimicrobial disinfectant products that are currently approved to make limited efficacy claims against SARS-CoV-2, the coronavirus that causes COVID-19. The exact claims that can be made, and where they can be made, are specifically governed by the EPA’s 2016 Emerging Viral Pathogen guidance, which the agency activated on January 29 for SARS-CoV-2/COVID-19.
Bipartisan Energy Bill Hits the U.S. Senate
On February 28, 2020, Sens. Joe Manchin, D-W.Va., and Lisa Murkowski, R-Alaska, introduced wide-ranging energy legislation that calls for enhanced energy efficiency and technological advancement. SB 2657, entitled the American Energy Innovation Act, is the result of a year of activity in the Energy and Natural Resources Committee. The bipartisan effort could move quickly in the Senate. (more…)
EPA Proposes to Revise Significant New Use Notification Requirements
On February 20, 2020, the United States Environmental Protection Agency (EPA) posted a prepublication version of the agency’s supplemental significant new use rule (SNUR) on long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl and polyfluoroalkyl sulfonate substances. (more…)
EPA Announces Intent to Regulate PFOA and PFOS Chemicals in Drinking Water
On February 20, 2020, the United States Environmental Protection Agency (EPA) issued preliminary determinations to regulate two perfluoroalkyl and polyfluoroalkyl (PFAS) compounds in drinking water: perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). In its announcement, the agency noted that it is also gathering and evaluating information to determine if regulation is appropriate for other chemicals in the PFAS family. (more…)
California Lowers PFOA and PFOS Response Levels
State governments continue to move ahead with increased regulation of per- and polyfluoroalkyl substance (PFAS)-related compounds, including recent significant steps by California. On February 6, 2020, California’s State Water Resources Control Board announced that it would reduce response levels (RLs) for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water to 10 parts per trillion (ppt) for PFOA and 40 ppt for PFOS. (more…)