On January 6, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule, “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information.” EPA published the proposed rule in April 2018 and followed it with a supplemental notice in March 2020. The final rule establishes how EPA will consider the availability of dose-response data, and it is narrower in scope than both the proposed rule and the supplemental notice, as it is restricted to “those studies that describe the quantitative relationship between the dose or exposure of a pollutant, contaminant, or substance and an effect.” (more…)
On December 10, 2020, the U.S. Environmental Protection Agency (EPA) released a draft guidance for imported articles that may contain long-chain perfluoroalkyl carboxylate chemical substances (LCPFAC), a subgroup of certain per- and polyfluoroalkyl substances (PFAS), as part of a surface coating and that would be subject to its Significant New Use Rule (SNUR) if a manufacturer seeks to resume using them. (more…)
On December 9, the U.S. Environmental Protection Agency (EPA) finalized its Clean Air Act (CAA) cost-benefit rule. The procedural rule sets requirements for evaluating the benefits and costs of regulatory decisions, which EPA believes is necessary to ensure transparency and consistency in the rulemaking process. The main requirements are as follows: 1) EPA must prepare a benefit-cost analysis (BCA) for all significant proposed and final regulations under the CAA; 2) BCAs are developed in accordance with best practices from the economic, engineering, physical, and biological sciences; and 3) EPA must increase transparency in the presentation of the benefits and costs resulting from significant CAA regulations. (more…)
The U.S. Environmental Protection Agency (EPA) Office of Water has published a new interim strategy memorandum for addressing per- and polyfluoroalkyl substances (PFAS) in National Pollutant Discharge Elimination System (NPDES) permits issued by EPA. The memorandum includes recommendations generated by a cross-agency workgroup, which conducted a review of existing Clean Water Act (CWA) section 402 NPDES permitting authorities to determine where and how currently unregulated contaminants like PFAS may fit into the permitting process. Under the CWA, the NPDES permit program regulates point sources that discharge pollutants into waters of the United States. Currently, there are no CWA water quality criteria or effluent guidelines for PFAS, an umbrella category of thousands of synthetic chemicals historically used in industrial manufacturing processes for their flame-resistant and nonstick properties.
The U.S. Environmental Protection Agency (EPA) has extended the deadline for submissions due under the Chemical Data Reporting (CDR) Rule from November 30, 2020, to January 29, 2021. The CDR report covers chemical manufacturing and processing for the four calendar years of 2016 through 2019. We have covered the scope and application of the CDR rule here.
On November 2, 2020, several environmental interest groups including the Sierra Club and Earthjustice filed suits in the U.S. Courts of Appeals for the Fourth and D.C. circuits challenging the Environmental Protection Agency’s (EPA) recent Steam Electric Reconsideration Rule (SERR), which rolled back certain Obama-era effluent discharge limitations on coal-fired power plants. (more…)
On October 22, 2020, the U.S. Environmental Protection Agency (EPA) published a prepublication version of a final rule clarifying the process for existing air pollution sources to determine whether the New Source Review (NSR) permitting program applies to proposed projects. The new rule clarifies and confirms that project emissions accounting can be considered during Step 1 of the two-step NSR applicability test, meaning that both emissions increases and decreases from the proposed modification will be considered. The two steps of the NSR applicability test consist of a first step to determine whether a proposed project will cause a significant emission increase of a regulated NSR pollutant and, if it would, the second step determines if there will be a significant net emission increase of the same regulated NSR pollutant considering all other contemporaneous emissions increases and decreases.
The U.S. Environmental Protection Agency (EPA) has published in the Federal Register a final rule establishing the agency’s management of guidance documents consistent with the Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents,” which will become effective on November 18. (more…)