Last week EPA released its proposal for the first set of Maximum Contaminant Levels (MCLs) under the Clean Water Act for per- and polyfluoroalkyl substances (PFAS). In contrast to non-enforceable health advisory levels introduced in 2016 and revised in 2022, MCLs constitute enforceable drinking water standards that will impact drinking water utilities and industry nationwide.
environmental Protection Agency
EPA and Army Corps Stand Up to the Supreme Court and Revise “Waters” Definition (Again) in the Face of Court’s Looming Decision in Sackett
In a 50-year game of ping-pong, the Biden administration marked the end of 2022 by taking its turn revising the definition of “waters of the United States,” or “WOTUS” for short. This term determines where Clean Water Act (CWA) permits are required for wetland dredging and filling and pollutant discharges, as well as other CWA…
No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston
By Bob Melvin on
Posted in Environmental Compliance & Permitting
The Standells may “love that dirty water” according to their 1966 hit song, but the Environmental Protection Agency’s (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and institutional properties “down by the banks of the river Charles” and throughout three Boston area watersheds. After prodding from the Conservation…
EPA Power Plant Ruling Could Have Broader Effects for Industry
Below is an excerpt of an article co-authored with Jon Schaefer and published in Industry Week on July 8, 2022. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and state regulatory programs.
Last week, the U.S. Supreme Court issued its decision that the Environmental…
Changes to PCB Remediation Expected Under Proposed Rule
By Emilee Mooney Scott on
Posted in Environmental Compliance & Permitting
On October 22, 2021, EPA published a proposed rule that would, if adopted, provide a significantly enhanced additional pathway for remediation of sites impacted by polychlorinated biphenyls or PCBs. EPA helpfully included a redline version showing proposed changes to the regulatory text. EPA is receiving comments on the proposed rule until December 21, 2021.
PCBs…
EPA Rule Eliminates Exemptions for Importers of Mercury-Containing Products
By Jon Schaefer on
Posted in Environmental Compliance & Permitting
On November 2, 2021, the U.S. EPA announced revisions to its mercury inventory reporting rule under TSCA. The revisions eliminate an exemption for companies that import pre-assembled products containing a mercury-added component. The will result in companies that import certain batteries, switches, pumps, thermostats, fluorescent lights, and other industrial equipment to file reports under TSCA…
EPA Increases Environmental Justice- Related Reviews and Enforcement
By Jon Schaefer on
Posted in Environmental Enforcement
Under the Biden-Harris administration, the U.S. EPA has made advancing Environmental Justice (EJ) a leading priority. At times it has felt like EPA releases an EJ-related announcement, policy, or guidance every day. While that may be an exaggeration, EPA has taken numerous actions related to EJ issues over the last nine months. Perhaps the most…
Four PFAS May Be Designated RCRA Hazardous Wastes
By Jon Schaefer on
Posted in Environmental Compliance & Permitting
On October 26, 2021, the U.S. EPA announced it will initiate two rulemakings that will take significant steps to address PFAS contamination across the country. The first rulemaking will designate four of the so-called “forever chemicals” as hazardous wastes under RCRA. The four PFAS that will be the subject of this rulemaking are perfluorooctanoic acid…
EPA Releases PFAS Strategic Roadmap
By Jon Schaefer on
Posted in Environmental Compliance & Permitting
On October 18, 2021, EPA Administrator Michael S. Regan announced the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024 (Roadmap). The Roadmap is intended to be a comprehensive approach to confronting PFAS contamination nationwide. Among many other efforts, the Roadmap includes the following planned actions:
- Establishing a national primary drinking water regulation for PFOA and
…
EPA’s Draft Strategic Plan Emphasizes Environmental Justice
By Jon Schaefer on
Posted in Environmental Enforcement
On October 1, 2021, the U.S. Environmental Protection Agency (EPA) released its new Draft Strategic Plan for 2022 through 2026 (Strategic Plan). EPA is required to develop the Strategic Plan to communicate EPA’s priorities over the next four years and how EPA will accomplish those priorities. The Biden administration has prioritized environmental justice and the…