EPA today released updated interim drinking water health advisories for PFOA and PFOS. The health advisory level was previously 70 ppt (parts per trillion) for the total of PFOA and PFOS. The updated interim health advisory levels are now 0.004 ppt for PFOA and 0.020 ppt for PFOS, three orders of magnitude lower. EPA’s health
General Environmental
Has the 10th Circuit Paved the Way for More Clean Air Act Mobile Source Citizen Suits?
In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing. Utah Physicians for a …
Are Pretreatment Standards for PFAS in Landfill Leachate Coming?
The U.S. EPA recently released the 15th installment of its Preliminary Effluent Guidelines Program Plan[1]. In addition to announcing the initiation of new rulemakings for certain categories of industrial dischargers, the report provides a window into where the agency is focusing its attention for potential future clean water act regulations. This year,…
Proposed Vermont Regulations Threaten to Upend Process for Treatment of Oily Wastewater
The Vermont Department of Environmental Conservation (VDEC) is currently in the process of reviewing and reauthorizing its Hazardous Waste Management Regulations. Mixed among the updates is a proposed provision that should be of great concern to generators of used oil wastewater. Section 7-805 of VDEC’s hazardous waste regulations delineates the requirements for wastewater to…
Back to the Future: Waters of United States Reverts to Pre-2015 Definition
Developers, ranchers, farmers and others who fill or alter bodies of water have seen a never-ending carousel of regulatory changes to the federal rules that apply to such activities. Earlier this week, an Arizona federal court made one more change while new rules are being written.
On August 30, 2021, the U.S. District Court for…
EPA Issues An Enforcement Alert to Metal Recycling Facilities to Address VOC Emissions
EPA recently issued an Enforcement Alert to owners and operators of metal recycling facilities about high levels of VOC emissions that have been identified at a number of large shredders. The issue of VOC emissions from metal shredders has not previously been well known or understood. EPA is now publicly acknowledging the issue and, finally,…
U.S. House Passes Bill Requiring EPA to Regulate PFAS Compounds
On July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2011, requiring EPA to establish nationwide drinking water standards for PFOA and PFOS, two of the thousands of PFAS compounds. EPA has previously established non-enforceable drinking water health advisories for PFOA and PFOS of 70 ppt.
The bill also…
EPA Information Collection Request
EPA is accepting comments on an information collection request (ICR), NSPS for Municipal Solid Waste Landfills, submitted to the Office of Management and Budget (OMB). Comments will be accepted until March 1, 2021 and should be submitted online using www.regulations.gov or by email to docket.oeaca@epa.gov referencing Docket ID Number EPA=HQ-OECA-2020-0203.
EPA Announces Extension of Temporary COVID-19 Manifest Signature Policy
The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be extending its COVID-19 Implications for Signing Paper Hazardous Waste Manifests policy (“Temporary COVID-19 Manifest Signature Policy” or “Policy”) until November 30, 2020.
On May 18, 2020, EPA issued its Temporary COVID-19 Manifest Signature Policy concerning how handlers of hazardous waste can address generator…
Judge Enjoins the Implementation of Stringent PFAS Regulations
The regulation of PFAS substances has become a matter of contention between U.S. EPA, states and local governments, environmental groups, and industry participants. EPA is under pressure by health experts, environmental groups, and affected communities to set a Maximum Containment Level (“MCL”) for PFAS, but has yet to do so. States, however, are beginning to…
The Chicago Ozone Nonattainment Area Status Has Become a Moving Target
The ink is barely dry on the reclassification of the Chicago ozone nonattainment area from moderate to serious, under the 2008 ozone National Ambient Air Quality Standards (NAAQS), and the Illinois Environmental Protection Agency (IEPA) intends to seek redesignation to attainment. According to IEPA staff, the agency has data supporting a request for redesignation to…