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Environmental Compliance

  
Mar. 10, 2022
EPA reinstated California's authority under the Clean Air Act to implement its own greenhouse gas (GHG) emission standards and zero emission vehicle (ZEV) sales mandate. This action concludes the agency's reconsideration of 2019's Safer Affordable Fuel-Efficient Vehicles Rule Part One: One National Program Rule (SAFE-1) by finding that the actions taken under the previous administration as a part of SAFE-1 were decided in error and are now entirely rescinded. With this action, EPA is also withdrawing the SAFE-1 interpretation of the Clean Air Act that would prohibit other states from adopting the California GHG emission standards. As a result, other states may choose to adopt and enforce California's GHG emission standards in lieu of the Federal standards, consistent with section 177 of the Clean Air Act.
Mar. 9, 2022
EPA is finalizing amendments to the NESHAP for Stationary Combustion Turbines. This final action removes the stay of the effectiveness of the standards for new lean premix and diffusion flame gas-fired turbines that was promulgated in 2004. The final rule is effective on 9 March 2022. For questions about this action, contact Melanie King, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; telephone: (919) 541-2469; and email: king.melanie@epa.gov. (Federal Register 9 March 2022 [Rule] Pages 13183-13192)
Feb. 23, 2022
This proposal presents the results of the EPA's review of the NSPS for Lead Acid Battery Manufacturing Plants and the TR for the NESHAP for Lead Acid Battery Manufacturing Area Sources as required under the CAA. The EPA is proposing revised Pb emission limits for grid casting, paste mixing, and lead reclamation operations for both the area source NESHAP (for new and existing sources) and under a new NSPS subpart (for lead acid battery facilities that begin construction, reconstruction, or modification after February 23, 2022). Comments must be received on or before 25 April 2022. POC: Amanda Hansen, Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-3165; and email: hansen.amanda@epa.gov. (Federal Register: 23 February 2022 [Proposed Rule] Pages 10134-10158)
Feb. 14, 2022
In this action, the EPA is finalizing technical revisions and clarifications for the NESHAP for MSW Landfills established in the 26 March 2020, final rule. This final rule also amends the MSW Landfills NSPS at 40 CFR part 60, subpart XXX, to clarify and align the timing of compliance for certain requirements involving installation of a gas collection and control system (GCCS) under related MSW landfill rules. Additionally, the EPA is revising the definition of Administrator in the MSW Landfills Federal Plan that was promulgated on 21 May 2021 to clarify who has the authority to implement and enforce the applicable requirements. The EPA is also making some minor typographical corrections. The final rule is effective 14 February 2022. POC is Andy Sheppard, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-4161 and email: sheppard.andy@epa.gov. (Federal Register 14 February 2022 [Rule] Pages 8197-8205)
Jan. 25, 2022
Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) immediately added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and provided a framework for additional PFAS to be added to TRI on an annual basis. TRI data are reported to EPA annually by facilities in certain industry sectors, including federal facilities, that manufacture, process, or otherwise use TRI-listed chemicals above certain quantities. The data include quantities of such chemicals that were released into the environment or otherwise managed as waste. Information collected through the TRI allows communities to learn how facilities in their area are managing listed chemicals. The data collected also help inform EPA's efforts to better understand the listed substances.
Jan. 14, 2022
EPA is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil monetary penalties to reflect inflation, maintain the deterrent effect of statutory civil monetary penalties, and promote compliance with the law. The rule does not establish specific civil monetary penalty amounts the EPA may seek. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the EPA's discretion within statutory penalty authorities, take into account a number of fact-specific considerations. This final rule is effective 12 January 2022. POC is David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460, tel: (202) 564-4083; email: smith-watts.david@epa.gov. (Federal Register 12 January 2022 [Rule] Pages 1676-1679)
Jan. 10, 2022
ABSTRACT SUBMITTAL DEADLINE EXTENDED TO FRIDAY JAN. 14th:The Federal sustainability community is cordially invited to attend the 2022 Federal Environmental Symposium, March 28-31, 2022. This year's theme is Mission, Environment, and Our Communities, and will be conducted via webinar-format only. The four day event will focus on Federal sustainability initiatives over the past year while encouraging partnerships, sharing of information, and best practices amongst Federal facilities. The event schedule, registration instructions, call for presentation abstracts (now open until Friday, January 14th), and continuous updates to the event can be found on the Symposium website.
Jan. 5, 2022
EPA is amending the list of hazardous air pollutants (HAP) under Clean Air Act (CAA) to add 1-bromopropane (1-BP) in response to public petitions previously granted by the EPA. This action amends the list of hazardous air pollutants initially listed under the CAA. This final rule is effective on 4 February 2022.POC is Susan Miller, Sector Policies and Programs Division (D205-02), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711, tel: (919) 541-2443; email: miller.susan@epa.gov. (Federal Register 5 January 2022 [Rule] Pages 393-396)
Dec. 29, 2021
WASHINGTON (Dec. 28, 2021) -- In 2021, under the new leadership of the Biden-Harris Administration and Administrator Michael S. Regan, the U.S. Environmental Protection Agency took significant steps forward in tackling the climate crisis, advancing environmental justice, protecting the health and safety of communities across the country, and restoring scientific integrity.
Dec. 28, 2021
EPA is finalizing a Safe Drinking Water Act (SDWA) rule that requires certain public water systems (PWSs) to collect national occurrence data for 29 per- and polyfluoroalkyl substances (PFAS) and lithium. Subject to the availability of appropriations, EPA will include all systems serving 3,300 or more people and a representative sample of 800 systems serving 25 to 3,299 people. If EPA does not receive the appropriations needed for monitoring all of these systems in a given year, EPA will reduce the number of systems serving 25 to 10,000 people that will be asked to perform monitoring. This final rule is a key action to ensure science-based decision-making and prioritize protection of disadvantaged communities in accordance with EPA's PFAS Strategic Roadmap. EPA is also announcing plans for public webinars to discuss implementation of the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). This final rule is effective on 26 January 2022. The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of 26 January 2022. POC is Brenda D. Bowden, Standards and Risk Management Division (SRMD), Office of Ground Water and Drinking Water (OGWDW) (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7961; email: bowden.brenda@epa.gov. (Federal Register 27 December 2021 [Rule] Pages 73131-73157).
Dec. 22, 2021
This course seeks to enhance the knowledge and skills of emergency management agencies (EMAs) and drinking water and wastewater utilities (water sector) to enable more effective cross-sector relationships. Upon competition of this course the attendee will be able to: Identify and define key actors in the water and emergency services sectors; Understand the landscape for both drinking- and wastewater utilities; Identify water or wastewater service disruptions and possible impacts; Understand recommended preparedness and coordination activities based on AWIA; Understand the benefits of relationship building between sectors; Identify immediate action items to improve the overall response effort of drinking water and wastewater utilities and EMAs; Understand the importance of increasing coordinating between drinking water and wastewater utilities and EMAs; and Identify key actors and action items for improving preparedness and response before and during an emergency.
Dec. 17, 2021
On 16 June 2021, EPA published decision to delay the effective and compliance dates of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), published on 15 January 2021, to allow time for EPA to review the rule in accordance with Presidential directives issued on 20 January 2021, to the heads of Federal agencies to review certain regulations, and conduct important consultations with affected parties. EPA has completed its review. The agency's review included virtual public engagements from a diverse set of stakeholders. This document describes the comments conveyed by stakeholders, EPA's decision to proceed with a proposed rule that would revise certain key sections of the LCRR while allowing the rule to take effect, and other non-regulatory actions that EPA and other Federal agencies can take to reduce exposure to lead in drinking water. The effective date of the LCRR published on 16 June 2021, in the Federal Register (86 FR 31939), is 16 December 2021, and compliance date continues to be 16 October 2024. Primacy revision applications are due on 18 December 2023. POC is Jeffrey Kempic, Standards and Risk Management Division, Office of Ground Water and Drinking Water, EPA, 1200 Pennsylvania Ave. NW, Mail Code 4607M, Washington, DC 20460; tel: (202) 564-4880; email address: kempic.jeffrey@epa.gov. (Federal Register 17 December 2021 [Rule] Pages 71574-71582).
Dec. 13, 2021
Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability
December 8, 2021
President Biden has signed an Executive Order that demonstrates how the United States will leverage its scale and procurement power to lead by example in tackling the climate crisis. The executive order will reduce emissions across federal operations, invest in American clean energy industries and manufacturing, and create clean, healthy, and resilient communities.
Dec. 9, 2021
(12/08/2021) President Biden has signed an executive order that demonstrates how the United States will leverage its scale and procurement power to lead by example in tackling the climate crisis. The executive order will reduce emissions across federal operations, invest in American clean energy industries and manufacturing, and create clean, healthy, and resilient communities. The President is building on his whole-of-government effort to tackle the climate crisis in a way that creates well-paying jobs, grows industries, and makes the country more economically competitive.
Nov. 29, 2021
EPA is announcing legally mandated changes to the fee requirements under TSCA. TSCA directs EPA to adjust the fees every three years. Accordingly, an adjustment will go into effect on 1 January 2022, and will apply to all TSCA fees. In a separate action, in 2022, EPA plans to propose additional revisions to the 2018 TSCA fees rule to supplement the agency’s proposal from 11 January 2021 to ensure that TSCA fee amounts capture up to 25% of the actual costs of TSCA activities, fees are distributed equitably, and fee payers are identified through a transparent process.
Nov. 24, 2021
EPA and U.S. Department of the Army announced a proposed rule to re-establish the pre-2015 definition of "waters of the United States" (WOTUS) which had been in place for decades, updated to reflect consideration of Supreme Court decisions. This action advances the agencies' goal of establishing a durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries that depend on clean water. This proposed rule would support a stable implementation of "waters of the United States" while the agencies continue to consult with states, Tribes, local governments, and a broad array of stakeholders in both the implementation of WOTUS and future regulatory actions. The proposed rule would maintain the longstanding exclusions of the pre-2015 regulations as well as the exemptions and exclusions in the Clean Water Act on which the agricultural community has come to rely.
Nov. 15, 2021
The EPA is issuing a technical amendment to modify the submission location for Continuous Release Reports. Reports are currently submitted to respective EPA regional offices; with this technical amendment, EPA will instead require all future such reports to be submitted to the appropriate EPA Headquarters (HQ) office. The Agency is also correcting a typographical spelling error, correcting citations within the section, and amending the listed authority. This final rule is effective on 12 November 2021. POC is Mark Douglas, EPA, Office of Emergency Management, (MC: 5104A), 1200 Pennsylvania Avenue NW, Washington, DC 20460; 202-564-5572; douglas.mark@epa.gov. (Federal Register 12 November 2021 [Rule] Pages 62736-62737)
Oct. 27, 2021
EPA outlined plans to initiate the rulemaking process for two new actions under the hazardous waste law, reflecting the agency's focus on using best available science and leveraging authorities to combat this shared challenge. EPA is announcing the initiation of two rulemakings. First, the agency will initiate the process to propose adding four PFAS chemicals as RCRA Hazardous Constituents under Appendix VIII, by evaluating the existing data for these chemicals and establishing a record to support such a proposed rule. The four PFAS chemicals EPA will evaluate are: PFOA, PFOS, PFBS, and GenX. Adding these chemicals as RCRA Hazardous Constituents would ensure they are subject to corrective action requirements and would be a necessary building block for future work to regulate PFAS as a listed hazardous waste. The second rulemaking effort will clarify in our regulations that the RCRA Corrective Action Program has the authority to require investigation and cleanup for wastes that meet the statutory definition of hazardous waste, as defined under RCRA section 1004(5). This modification would clarify that emerging contaminants such as PFAS can be cleaned up through the RCRA corrective action process. These actions build on EPA's broader strategy to comprehensively address PFAS pollution across the country.
Oct. 1, 2021
EPA is making conforming changes to regulations related to twelve hazardous waste import-export recovery and disposal operations used in hazardous waste export and import notices submitted to EPA by U.S. exporters and importers, and in movement documents that accompany export and import shipments. The changes to regulations related to these twelve recovery and disposal operations are needed to reflect changes to regulations related to Canadian import-export recovery and disposal operations that Canada promulgated in the Canada Gazette Part II on 17 March 2021 and that become effective in Canada on 31 October 2021. Additionally, as the changes in the rule are being made solely to conform to Canada's regulatory changes to Canada-specific operation codes and descriptions, this is a final rulemaking and no public comment is being solicited. This rule is effective on 31 October 2021. POC is Laura Coughlan, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tele: (703) 308-0005; email: coughlan.laura@epa.gov. Click here for more.
Sep. 16, 2021
This notice announces issuance by all 10 Environmental Protection Agency (EPA) Regions of the final 2021 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP)--the 2021 PGP. The 2021 PGP, which has an effective date of 31 October 2021, replaces the existing permit (2016 PGP) that expires at midnight on 31 October 2021, and authorizes certain point source discharges from the application of pesticides to waters of the United States in accordance with the terms and conditions described therein. EPA is issuing this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority. For further information on the final permit, contact the appropriate EPA Regional office listed in the federal register. (Federal Register 16 September 2021 [Notice] Pages 51665-51669).
Sep. 9, 2021
EPA is soliciting information and requesting comments to assist in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks, including solid waste (e.g., municipal solid waste, commercial and industrial waste, hospital/medical/infectious waste, sewage sludge, other solid waste), biomass, plastics, tires, and organic contaminants in soils and oily sludges to useful products such as energy, fuels and chemical commodities. Pyrolysis and gasification are often described as heat induced thermal decomposition processes. Through recent requests for applicability determinations, it appears that pyrolysis and gasification processes are more widely being used to convert waste into useful products or energy. Comments must be received on or before 8 November 2021. POC is Nabanita Modak Fischer, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), EPA, Research Triangle Park, North Carolina 27711; tele: (919) 541-5572; email address: modak.nabanita@epa.gov. (Federal Register 8 September 2021 [Proposed Rules] Pages 50296-50303).
Sep. 2, 2021
The latest TSCA Inventory is now available. The TSCA Inventory is a list of all existing chemical substances manufactured, processed, or imported in the U.S. This biannual update to the public TSCA Inventory is part of EPA's regular posting of non-confidential TSCA Inventory data. The next regular update of the Inventory is planned for winter 2022. The Inventory contains 86,607 chemicals of which 41,953 are active in U.S commerce. Other updates to the TSCA Inventory include new chemical substance additions, commercial activity data and regulatory flags, such as polymer exemptions, TSCA section 4 test orders and TSCA section 5 significant new use rules (SNURs).
Aug. 25, 2021
This August 2021 edition of The Corps Environment highlights considering the environment when employing a risk management and systems approach, in support of Environmental Operating Principle #5. Content includes commentary from Mr. Richard Kidd, Deputy Assistant Secretary of Defense (Environment and Energy Resilience), and highlights initiatives across the Army environmental community. Content includes:
  • U.S. Army Engineer Research and Development Center (ERDC) discusses their formation of a tiger team to tackle climate change
  • U.S. Army Environmental Command highlights how the Army's commitment to endangered species is enhancing training lands
  • USACE Far East District shares how they are leading biodiversity efforts for American forces in Korea
  • USACE Omaha District discusses how they are leveraging an innovative approach to clean up and restore a formerly used defense site
  • ERDC highlights how USACE and its partners received an international award for the Tyndall Coastal Resilience Study.
  • Jul. 28, 2021
    The Environmental Protection Agency (EPA or the Agency) is amending the requirements in Subpart J of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) that govern the use of dispersants, other chemicals and other spill mitigating substances when responding to oil discharges into waters of the United States. Specifically, this action establishes monitoring requirements for dispersant use in response to major oil discharges and/or certain dispersant use situations in the navigable waters of the United States and adjoining shorelines, the waters of the contiguous zone, and the high seas beyond the contiguous zone in connection with activities under the Outer Continental Shelf Lands Act, activities under the Deepwater Port Act of 1974, or activities that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, including resources under the Magnuson Fishery Conservation and Management Act of 1976 ("navigable waters of the United States and adjoining shorelines. This final rule is effective on 24 January 2022. For more detailed information on this final rule contact Gregory Wilson at 202-564-7989 (wilson.gregory@epa.gov). (Federal Register 27 July 2021 [Rule] Pages 40234-40264).
    Jul. 7, 2021
    EPA announced important policy changes surrounding risk evaluations issued under the Toxic Substances Control Act (TSCA) by the previous administration and the path forward for the first 10 chemicals to undergo risk evaluation. After agency review to ensure these risk evaluations follow science and the law, EPA announced actions to ensure these chemicals are used safely and all communities are protected. This review was done in accordance with the Biden-Harris Administration's Executive Orders and other directives, including those on environmental justice, scientific integrity, and regulatory review.
    Jun. 10, 2021
    EPA and Department of the Army announced their intent to revise the definition of "waters of the United States" (WOTUS) to better protect our nation's vital water resources that support public health, environmental protection, agricultural activity, and economic growth. As described in an EPA declaration requesting remand of the 2020 Navigable Waters Protection Rule, a broad array of stakeholders--including states, Tribes, local governments, scientists, and non-governmental organizations--are seeing destructive impacts to critical water bodies under the 2020 rule. As a result of these findings, today, the Department of Justice is filing a motion requesting remand of the rule. Today's action reflects the agencies' intent to initiate a new rulemaking process that restores the protections in place prior to the 2015 WOTUS implementation, and anticipates developing a new rule that defines WOTUS and is informed by a robust engagement process as well as the experience of implementing the pre-2015 rule, the Obama-era Clean Water Rule, and the Trump-era Navigable Waters Protection Rule.
    Jun. 7, 2021
    The EPA announced the availability of Multipurpose Grant (MPG) funding to support states, Tribes and territories in addressing high-priority environmental issues, including PFAS, environmental justice and climate change. The multipurpose grants are intended to be used at state and Tribal discretion to complement those programs funded under established environmental laws and regulations. Recognizing that environmental challenges vary from region to region, the funding supports a wide range of initiatives. These may include: addressing contaminants such as PFAS and lead, advancing environmental justice, tackling climate change, improving air and water quality monitoring, testing for radon in schools, and conducting outreach and education activities.
    Jun. 3, 2021
    This action announces the EPA's approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 17 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 26 May 2021. POC is Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), EPA, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7652; email: smith.glynda@epa.gov. (Federal Register 26 May 2021 [Rule] Pages 28277-28290)
    Jun. 3, 2021
    On 4 December 2019, EPA published its Sodium Cyanide Interim Registration Review Decision ("Interim Decision"). The Interim Decision established necessary label changes under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for sodium cyanide devices, also known as M-44s, which are restricted-use pesticides used for controlling coyotes and other wild predators. FIFRA requires applicators of restricted-use pesticides to be trained and certified. Only the U.S. Department of Agriculture and the state agriculture departments of South Dakota, Texas, Montana, Wyoming, and New Mexico hold registrations for sodium cyanide products. In addition to registration and applicator certification requirements, federal agencies are reminded that they--as with all M-44 users--must follow EPA's revised requirements for the use of sodium cyanide devices as directed by the product labels. Revisions to the label include requirements that sodium cyanide devices not be placed within 600 feet of residences unless specific criteria are met and that the applicator notify occupants of all residences within a 0.5-mile radius prior to device placement. The revised labels also include several modified use restrictions, which now require that devices be placed at least 300 feet from public roads and pathways and that two elevated signs facing the most likely directions of approach be erected within 15 feet of the device.
    May. 27, 2021
    This action announces the EPA approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 17 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This action is effective 26 May 2021. POC is Glynda Smith, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; tel: (513) 569-7652; email: smith.glynda@epa.gov. (Federal Register 26 May 2021 [Rule] Pages 28277-28290)
    May. 26, 2021
    EPA invites environmental justice communities and stakeholders to participate in Environmental Justice Consultations regarding the development of proposed risk management actions under section 6(a) of the Toxic Substances Control Act (TSCA) to address unreasonable risks presented by trichloroethylene (TCE) and perchloroethylene (PCE). The environmental justice consultation period will extend through 20 August 2021. The agency will hold identical two consultation webinars, one on 16 June 2021 and the other on 6 July 2021. EPA is offering these repeated sessions to increase opportunities for participation. Both sessions will provide an overview of the TSCA risk management requirements, the findings from the final risk evaluations, the tools available to manage the unreasonable risks from TCE and PCE, and an opportunity for EPA to obtain input on environmental justice concerns. These consultations are open to the public, and EPA is inviting national, local and non-governmental organizations, communities, and other interested stakeholders to participate.
    May. 26, 2021
    EPA is promulgating a Federal plan to implement the Emission Guidelines (EG) and Compliance Times for Municipal Solid Waste (MSW) Landfills (2016 MSW Landfills EG) for existing MSW landfills located in states and Indian country where state plans or tribal plans are not in effect. This MSW Landfills Federal Plan includes the same elements as required for a state plan: Identification of legal authority and mechanisms for implementation; inventory of designated facilities; emissions inventory; emission limits; compliance schedules; a process for the EPA or state review of design plans for site-specific gas collection and control systems (GCCS); testing, monitoring, reporting and record keeping requirements; and public hearing requirements. Additionally, this action summarizes implementation and delegation of authority of the MSW Landfills Federal Plan. The final rule is effective on 21 June 2021. For questions about this final action, contact Andrew Sheppard, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4161; email: sheppard.andrew@epa.gov. (Federal Register 21 May 2021 [Rule] Pages 27756-27790).
    May. 24, 2021
    The Environmental Protection Agency (EPA) is finalizing changes to its test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other environmental samples for reporting under EPA's National Pollutant Discharge Elimination System (NPDES) permit program. The Clean Water Act (CWA) requires EPA to promulgate these test procedures (analytical methods) for analysis of pollutants. EPA anticipates that these changes will provide increased flexibility for the regulated community in meeting monitoring requirements while improving data quality. In addition, this update to the CWA methods is incorporating technological advances in analytical technology. This final rule is effective 19 July 2021. POC is Meghan Hessenauer, Engineering and Analysis Division (4303T), Office of Water, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460-0001; tel: 202-566-1040; email: Hessenauer.Meghan@epa.gov. (Federal Register: 19 May 2021 [Rule] Pages 27226-27260)
    May. 17, 2021
    The Environmental Protection Agency (EPA) is rescinding the final rule entitled "Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process." The EPA is rescinding the rule because the changes advanced by the rule were inadvisable, untethered to the CAA, and not necessary to effectuate the purposes of the Act. This rule is effective June 14, 2021. POC is Leif Hockstad, Office of Air Policy and Program Support, Office of Air and Radiation, U.S. EPA, Mail Code 6103A, 1200 Pennsylvania Avenue NW, Washington, DC 20460; (202) 343-9432; email: hockstad.leif@epa.gov. (Federal Register 14 May 2021 [Rule] Pages 26406-26419)
    May. 14, 2021
    EPA issued an interim final rule to rescind the previous administration's rule entitled "Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process," also known as the Benefit-Cost Rule. In response to President Biden's Executive Order 13990, "Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis," EPA reviewed the Benefit-Cost Rule and found that it imposed procedural restrictions and requirements that would have limited EPA's ability to use the best available science in developing Clean Air Act regulations, and would be inconsistent with economic best practices.
    Apr. 27, 2021
    The Council on Environmental Quality (CEQ) issued this guidance consistent with section 211 and 219 of Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, to direct Federal departments and agencies on reporting in accordance with the requirements of section 301 through 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 (42 U.S.C. §§ 11001–11023).
    Apr. 12, 2021
    EPA released an improved web-based app to help communities identify potential sources of pollution to recreational waters. This science-based and data-informed tool empowers communities and supports engagement in local decisions in protecting the health of swimmers and recreators from contaminants at lakes, rivers, and beaches while supporting the vitality of water-based economies. EPA's new Sanitary Survey App for Marine and Fresh Waters is designed to help protect swimmers and other recreators while improving management decisions that can help keep recreational waters open for use. EPA recognizes the role of community participation in supporting robust water quality datasets. This tool can help citizen scientists provide data on sources of pollution in a watershed and information on potential harmful algal blooms in surface waters that public health officials need to protect a community. These efforts can also ultimately promote safe public access to urban waterways and lead to aquatic ecosystem restoration.
    Apr. 12, 2021
    EPA's Sanitary Survey App for Marine and Fresh Waters helps waterbody managers evaluate all contributing waterbody and watershed information including water quality data, pollution source data, and land use data. The data from the App can be exported for use in predictive models and for sharing within or between agencies (e.g., public health and environmental).
    Apr. 9, 2021
    This advisory is directed to owners and operators of small publicly owned wastewater treatment works (POTWs) and small private wastewater treatment plants, both commonly referred to as wastewater treatment plants (WWTPs). It is intended to provide small WWTPs with information that will help them comply with their National Pollutant Discharge Elimination System (NPDES) permit effluent limits.
    Mar. 29, 2021
    This final rule establishes the initial air quality designations for certain areas in the United States (U.S.) for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). The Environmental Protection Agency (EPA) is designating the areas as either nonattainment, attainment/unclassifiable, or unclassifiable. The designations are based on application of the EPA's nationwide analytical approach and technical analysis, including evaluation of monitoring data and air quality modeling, to determine the appropriate designation and area boundary based on the weight of evidence for each area. The Clean Air Act (CAA or Act) directs areas designated as nonattainment to undertake certain planning and pollution control activities to attain the SO2 NAAQS as expeditiously as practicable. This is the fourth and final set of actions to designate areas of the U.S. for the 2010 SO2 NAAQS; there are no remaining undesignated areas in the U.S. for the 2010 SO2 NAAQS. POC is Corey Mocka, EPA Office of Air Quality Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander Drive, Mail Code C539-04, Research Triangle Park, NC 27711; tel: (919) 541-5142; email: mocka.corey@epa.gov. The final rule is effective on 30 April 2021. (Federal Register: 26 March 2021 [Rule] Pages 16055-16075)
    Mar. 25, 2021
    EPA is adopting three technical standards developed by SAE International (SAE) for equipment that recovers, recycles, and/or recharges the refrigerant 2,3,3,3-Tetrafluoroprop-1-ene (HFO-1234yf or R-1234yf) in motor vehicle air conditioners (MVACs). The three standards are SAE J2843, SAE J2851, and SAE J3030. This rule adopts the most current versions of these standards by incorporating them by reference into the regulations under Title VI of the Clean Air Act (CAA). This will provide additional flexibility for industry stakeholders that wish to select recovery and recycling equipment certified to these standards. This final rule is effective on 23 April 2021. POC is Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), EPA 1200 Pennsylvania Ave. NW, Washington, DC 20460; tel: 202-564-7768; email: farquharson.chenise@epa.gov. (Federal Register 24 March 2021 [Rule] Pages 15587-15596).
    Mar. 12, 2021
    EPA is issuing a short delay of the 16 March 2021, effective date of the National Primary Drinking Water Regulations: Lead and Copper Rule Revisions (LCRR), published in the Federal Register on 15 January 2021. The LCRR will now become effective on 17 June 2021. This final rule does not change the compliance date of 16 January 2024. This delay in the effective date is consistent with Presidential directives issued on 20 January 2021, to heads of Federal agencies to review certain regulations, including the LCRR. The sole purpose of this delay is to enable EPA to take public comment on a longer extension of the effective date for EPA to undertake its review of the rule in a deliberate and thorough manner consistent with the public health purposes of the Safe Drinking Water Act and the terms and objectives of recent Presidential directives and in consultation with affected stakeholders. As of 12 March 2021, the effective date of the final rule published 15 January 2021, at 86 FR 4198, is delayed until 17 June 2021. POC is Jeffrey Kempic, Office of Ground Water and Drinking Water, Standards and Risk Management Division, at (202) 564-3632 or email kempic.jeffrey@epa.gov. (Federal Register 12 March 2021 [Rule] Pages 14003-14006).
    Feb. 17, 2021
    This edition highlights proactively considering environmental consequences and acting accordingly, in support of Environmental Operating Principle #2. Content includes commentary from Dr. Edmond Russo, U.S. Army Engineer Research and Development Center (ERDC) Environmental Laboratory Director, and highlights initiatives across the Army environmental community.
    Feb. 4, 2021
    This biannual update to the public TSCA Inventory is part of EPA's regular posting of non-confidential TSCA Inventory data. The Inventory contains 86,557 chemicals of which 41,864 are active in U.S commerce. Other updates to the TSCA Inventory include new chemical substance additions, commercial activity data and regulatory flags, such as polymer exemptions, TSCA section 4 test orders and TSCA section 5 significant new use rules (SNURs).
    Feb. 1, 2021
    Tackling the Climate Crisis at Home and Abroad
    January 27, 2021
    The EO has three overarching objectives 1) promote safe global temperature, 2) increase climate resilience, and 3) support financial a pathway toward low greenhouse gas emissions and climate-resilient development. The EO reinstates the Presidential Memorandum of September 21, 2016 (Climate Change and National Security), establishes the Climate Policy Office within the Executive Office of the President and establishes a National Climate Task Force. In addition, the EO aims to use Federal procurement to support robust climate action including a carbon pollution-free electricity sector, no later than 2035 and clean and zero-emission vehicles for Federal, State, local, and Tribal government fleets.
    Jan. 28, 2021
    The U.S. Environmental Protection Agency and Joint Base Elmendorf-Richardson (JBER) in Anchorage, Alaska, announced a settlement for violations of federal laws governing the handling, storage, and disposal of hazardous wastes. JBER self-disclosed that approximately 200,000 pounds of expended small-arms cartridge casings (ESACCs) had been stockpiled and were determined to be toxic from lead contamination. The Base had successfully recycled all its brass casings until 2017, when the recycling was discontinued. The resolution of this case sets the stage for a resumption of the ESACC recycling program, and the proceeds will fund other base-wide recycling efforts at JBER. The Base has paid a $61,554 penalty as part of the settlement.
    Jan. 20, 2021
    The U.S. Environmental Protection Agency (EPA) continues to make addressing per- and polyfluoroalkyl substances (PFAS) in the environment an active and ongoing priority. As part of these efforts, today, EPA is issuing a final guidance document that outlines which imported articles are covered by the agency's July 2020 final rule that prohibits companies from manufacturing, importing, processing, or using certain long-chain PFAS without prior EPA review and approval. There are no significant changes between the final guidance document and the draft document, which was released for public comment in December.
    Jan. 19, 2021
    EPA currently requires fuel dispenser labels for gasoline-ethanol blends of greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15). The label was designed to alert consumers to the appropriate and lawful use of the fuel. EPA is co-proposing to either modify the E15 label or remove the label requirement entirely and seeking comment on whether state and local governments may be preempted from requiring different labels on fuel dispensers. To facilitate the proper storage of E15 in underground storage tank systems (USTs), EPA is proposing to modify the UST regulations to grant certain allowances for compatibility demonstration for storage of ethanol blends. EPA is also proposing compatibility requirements for future UST installations or component replacements that would ensure compatibility with higher blends of ethanol. Comments must be received on or before 19 April 2021. POC is Lauren Michaels, Office of Transportation and Air Quality, Assessment and Standards Division, EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105; tel: (734) 214-4640; email: michaels.lauren@epa.gov. (Federal Register 19 January 2021 [Proposed Rule] pages 5094-5104).
    Jan. 19, 2021
    EPA is publishing final regulatory revisions to the NPDWR for lead and copper under the authority of the SDWA. These revised requirements provide greater and more effective protection of public health by reducing exposure to lead and copper in drinking water. The rule will better identify high levels of lead, improve the reliability of lead tap sampling results, strengthen corrosion control treatment requirements, expand consumer awareness and improve risk communication. This final rule requires, for the first time, community water systems to conduct lead-in-drinking-water testing and public education in schools and child care facilities. In addition, the rule will accelerate lead service line replacements by closing existing regulatory loopholes, propelling early action, and strengthening replacement requirements. This final rule is effective as of 16 March 2021. For judicial review purposes, this final rule is promulgated as of 15 January 2021. POC is Jeffrey Kempic, Standards and Risk Management Division, Office of Ground Water and Drinking Water, EPA, 1200 Pennsylvania Ave. NW, Mail Code 4607M, Washington, DC 20460; tel: (202) 564-4880; email: Kempic.Jeffrey@EPA.gov. (Federal Register: 15 January 2021 [Rule] Pages 4198-4312).
    Jan. 19, 2021
    EPA is finalizing amendments to the Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After 23 July 1984. EPA is finalizing specific amendments that would allow owners or operators of storage vessels subject to the Standards of Performance for Volatile Organic Liquid Storage Vessels and equipped with either an external floating roof (EFR) or internal floating roof (IFR) to voluntarily elect to comply with the requirements specified in the National Emission Standards for Storage Vessels (Tanks)--Control Level 2, as an alternative standard, in lieu of the requirements specified in the Standards of Performance for Volatile Organic Liquid Storage Vessels, subject to certain caveats and exceptions for monitoring, recordkeeping, and reporting. The final rule is effective on 19 January 2021. POC Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: number: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register 19 January 2021 [Rule] pages 5013-5019).
    Jan. 15, 2021
    EPA released the 2020 Year in Review outlining major accomplishments and environmental progress over the past FY, calendar year, and four years.
    Jan. 14, 2021
    EPA expanded the availability of a proven, modern inspection method for finding and correcting air pollution leaks at large liquid storage tanks. EPA's final action offers regulatory flexibility to more than 3,500 petroleum, chemical, and coal products manufacturing facilities and petroleum bulk stations and terminals by allowing an alternate, less cumbersome mode of inspection of liquid storage tanks to show compliance with Clean Air Act regulations. These amendments will allow owner/operators of certain large tanks known as Volatile Organic Liquid Storage Vessels to conduct less cumbersome "in-service" inspections of the tanks, without emptying and degassing the storage tank. Since 2018, EPA has received more than 300 requests from facilities seeking permission to conduct in-service inspections to demonstrate compliance with a 1987 Clean Air Act regulation. These one-off requests are time consuming and burdensome for both tank owners and operators and for EPA. The current inspection methods can also be expensive, labor intensive and results in volatile organic compound air emissions and other pollutants from venting and flaring.
    Jan. 11, 2021
    Reducing childhood lead exposure is a priority for the EPA. As part of EPA's efforts to reduce childhood lead exposure, and in coordination with the President's Task Force on Environmental Health Risks and Safety Risks to Children, EPA reevaluated the 2001 dust-lead clearance levels (DLCL). Clearance levels indicate the amount of lead in dust on a surface following the completion of an abatement activity. Surface dust is collected via dust wipe samples that are sent to a laboratory for analysis to determine whether clearance has been achieved. The post-abatement dust-lead levels are evaluated against, and must be below, the applicable clearance levels. The DLCL have not changed since they were issued in 2001. EPA is finalizing its proposal to lower the DLCL from 40 micrograms of per square foot (µg/ft2) to 10 µg/ft2 for floors, and from 250 µg/ft2 to 100 µg/ft2 for window sills. This final rule is effective 8 March 2021. POC is Claire Brisse, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics (Mailcode 7404T), EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tele: (202) 564-9004; email: brisse.claire@epa.gov. (Federal Register 7 January 2021 [Rule] Pages 983-994).
    Jan. 4, 2021
    HMSA is amending the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT-specification cylinders. PHMSA is taking this action in response to petitions for rulemaking submitted by stakeholders and agency review of compressed gas cylinder regulations. Specifically, PHMSA is incorporating by reference or updating the references to several Compressed Gas Association publications, amending the filling requirements for compressed and liquefied gases, expanding the use of salvage cylinders, and revising and clarifying the manufacture and requalification requirements for cylinders. Effective date is 27 January 2021. POC is Eamonn Patrick, Standards and Rulemaking Division, USDOT, 1200 New Jersey Avenue SE, Washington, DC 20590, tele: (202) 366-8553. (Federal Register 28 Dec 2020 [Rule] Pages 85380-85437).
    Jan. 4, 2021
    Based on the Environmental Protection Agency's (EPA's) review of the air quality criteria and the national ambient air quality standards (NAAQS) for photochemical oxidants including ozone (O3), the EPA is retaining the current standards, without revision. This final action is effective 31 December 2020. POC is Dr. Deirdre Murphy, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, EPA, Mail Code C504-06, Research Triangle Park, NC 27711; tele: (919) 541-0729; email: murphy.deirdre@epa.gov. (Federal Register 31 December 2020 [Rule] Pages 87256-87351).
    Dec. 31, 2020
    EPA's online database of land, air, and water information. This new Clearinghouse catalogues available funding, financing, and instructional resources to aid communities in their efforts to improve environmental conditions. The Clearinghouse expands on the concept of the original Water Finance Clearinghouse, launched in 2017, that served as the one-stop shop for communities researching ways to fund and finance their water infrastructure needs to assist in local decision-making. The new Clearinghouse includes over 1,800 funding and financing opportunities and information resources from EPA's air, water, and land programs. Communities can use this system to access information on funding and financing opportunities for environmental projects as well as financial research, such as case studies, white papers, and webinars.
    Dec. 29, 2020
    EPA is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil monetary penalties to reflect inflation, maintain the deterrent effect of statutory civil monetary penalties, and promote compliance with the law. The rule does not establish specific civil monetary penalty amounts the EPA may. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the EPA's discretion within statutory penalty authorities, take into account a number of fact-specific considerations. This final rule is effective 23 December 2020. POC is David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460, tel: (202) 564-4083; email:smith-watts.david@epa.gov. (Federal Register 23 December 2020 [Rule] Pages 83818-83821)
    Dec. 23, 2020
    EPA is promulgating this final rule to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes the EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("the 2015 Act"). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil monetary penalties to reflect inflation, maintain the deterrent effect of statutory civil monetary penalties, and promote compliance with the law. The rule does not establish specific civil monetary penalty amounts the EPA may seek, as appropriate given the facts of particular cases and applicable agency penalty policies. The EPA's civil penalty policies, which guide enforcement personnel on how to exercise the EPA's discretion within statutory penalty authorities, take into account a number of fact-specific considerations. This final rule is effective 23 December 2020. POC is David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460, tel: (202) 564-4083; email:smith-watts.david@epa.gov. (Federal Register 23 December 2020 [Rule] Pages 83818-83821)
    Dec. 22, 2020
    EPA announced a new action to better protect American children from the dangers of lead. This final rule will lower the clearance levels for the amount of lead that can remain in dust on floors and window sills after lead removal activities, known as abatement. These new clearance levels will reduce lead dust-related risks to children in pre-1978 homes and childcare facilities where lead abatement activities take place. After actions are taken to remove lead from a building, those buildings must then be tested to make sure that the cleaning activities were successful. These "clearance levels" indicate that lead dust was effectively removed at the end of the abatement work. EPA's new clearance levels are 10 micrograms (µg) of lead in dust per square foot (ft2) for floor dust and 100 µg/ft2 for window sill dust, significantly lower than the previous levels of 40 µg/ft2 for floor dust and 250 µg/ft2 for window sill dust.
    Dec. 18, 2020
    EPA announced that the State of Florida is the first state in more than 25 years to apply for and receive approval to implement a Clean Water Act (CWA) Section 404 program, joining Michigan and New Jersey as the only states in the country with such authority. This action formally transfers permitting authority under CWA Section 404 from the U.S. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State. This action allows the State to more effectively and efficiently evaluate and issue permits under the CWA to support the health of Florida's waters, residents, and economy.
    Dec. 11, 2020
    In September 2020 TCEQ provided webinars about how to use the TNC Notebook as a recordkeeping tool for documenting compliance during an investigation. • Webinar recording on TCEQ's YouTube channel • TNC notebook Adobe Acrobat PDF Document The Small Business and Local Government Assistance (SBLGA) Section hosted these webinars to help owners and operators of transient noncommunity public water systems that provide drinking water from groundwater or purchased treated water sources. The webinars also included a short demonstration on how to use Drinking Water Watch to find sample schedule information for your system.
    Dec. 8, 2020
    EPA announced the agency's final decision to retain the existing National Ambient Air Quality Standards (NAAQS) for particulate matter (PM) set by the Obama-Biden Administration without changes. The decision to retain existing standards set by the Obama-Biden Administration, which applies to the NAAQS for both fine and coarse particulate matter (PM2.5 and PM10), comes after careful review and consideration of the most recent available scientific evidence and technical information, consultation with the agency's independent scientific advisors, and consideration of more than 60,000 public comments on the proposal.
    Dec. 4, 2020
    This action updates many of EPA's existing gasoline, diesel, and other fuel quality programs to improve overall compliance assurance and maintain environmental performance, while reducing compliance costs for industry and EPA. EPA is streamlining existing fuel quality regulations by removing expired provisions, eliminating redundant compliance provisions (e.g., duplicative registration requirements that are required by every EPA fuels program), removing unnecessary and out-of-date requirements, and replacing them with a single set of provisions and definitions that applies to all gasoline, diesel, and other fuel quality programs. This action does not change the stringency of the existing fuel quality standards. This rule is effective on 1 January 2021, except for amendatory instructions 48, 51, and 52, which are effective on 4 December 2020, and amendatory instructions 16, 18, and 19, which are effective on 1 January 2022. POC is Nick Parsons, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; tel: 734-214-4479; email: parsons.nick@epa.gov. (Federal Register: 4 December 2020 [Rule] Pages 78412-78538)
    Dec. 3, 2020
    The EPA celebrates 50 years of protecting human health and the environment in the United States, on tribal lands, and around the world. As part of the 50th anniversary commemoration, EPA Administrator Andrew Wheeler hosted an event at EPA's headquarters in Washington, D.C., where he unveiled the new Ruckelshaus Conference Center in honor of EPA's first administrator, the late William D. Ruckelshaus, and highlighted the many accomplishments of the EPA over the past 50 years. Since 1970, EPA has made significant progress in protecting the nation's water, cleaning up our air and land, and safeguarding human health. Historic milestones include setting the nation's air quality standards to protect human health, regulating the quality of public drinking water, creating the Superfund program to clean up hazardous waste sites, protecting children from exposure to lead-based paint, and recently, launching the first ever United States Federal Strategy for Addressing the Global Issue of Marine Litter and new, modern National Recycling Goal of 50% by 2030.
    Dec. 2, 2020
    SPECIATE is the EPA's repository of organic gas and particulate matter (PM) speciation profiles of air pollution sources. Among the many uses of speciation data, these emission source profiles are used to: create speciated emissions inventories for regional haze, PM, greenhouse gas (GHG), and photochemical air quality modeling; estimate hazardous air pollutant (HAP) emissions from PM and organic gas emissions; provide input to the Chemical Mass Balance (CMB) receptor model; and, verify profiles derived from ambient measurements by multivariate receptor models (e.g., factor analysis and positive matrix factorization).
    Dec. 2, 2020
    Addressing per- and polyfluoroalkyl substances (PFAS) in the environment continues to be an active and ongoing priority for the EPA. The agency is announcing two important steps to address PFAS. First, EPA issued a memorandum detailing an interim National Pollutant Discharge Elimination System (NPDES) permitting strategy for addressing PFAS in EPA-issued wastewater permits. Second, EPA released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media. Together, these actions help ensure that federally enforceable wastewater monitoring for PFAS can begin as soon as validated analytical methods are finalized.
    Nov. 30, 2020
    The EPA is amending the TSCA Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports to 29 January 2021. This is the final extension for the 2020 submission period only. The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on the manufacturing, processing, and use of the chemical substances. This final rule is effective 25 November 2020. POC is Susan Sharkey, Data Gathering and Analysis Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 564-8789; email: sharkey.susan@epa.gov. (Federal Register 25 November 2020 [Rule] Pages 75235-75238)
    Nov. 20, 2020
    This rule finalizes amendments to the General Provisions that apply to National Emission Standards for Hazardous Air Pollutants (NESHAP). These amendments implement the plain language reading of the "major source" and "area source" definitions of section 112 of the Clean Air Act (CAA) and provide that a major source can be reclassified to area source status at any time upon reducing its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAP. This rule also finalizes amendments to clarify the compliance dates, notification, and recordkeeping requirements that apply to sources choosing to reclassify to area source status and to sources that revert back to major source status, including a requirement for electronic notification. This final rule is effective on 19 January 2021. POC Ms. Elineth Torres, Sector Policies and Programs Division (D205-02), Office of Air Quality Planning and Standards, USEPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4347; and email address: torres.elineth@epa.gov. Click for more Information
    Nov. 13, 2020
    This month, as part of its 50th anniversary commemoration, the U.S. Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance (OECA) is highlighting the historic contributions of its programs. Ensuring compliance with environmental laws is a central part of EPA's Strategic Plan to protect human health and the environment. During the month of November, EPA social media posts will highlight historic enforcement policies and cases and compliance achievements. The posts will include landmark cases of civil, criminal, Superfund, and federal facility enforcement. These cases represent important milestones in the Agency's efforts to hold violators accountable, increase compliance with environmental regulations and clean up contaminated sites. The posts also will highlight the significant contributions of the enforcement and compliance assurance programs.
    Nov. 2, 2020
    EPA is publishing this final rule to postpone the compliance deadlines for implementation of Phase 2 of the NPDES Electronic Reporting Rule ("NPDES eRule"). The NPDES eRule requires EPA and states to modernize CWA reporting. This final rule also provides states with additional flexibility to request additional time as needed. Further, this final rule promulgates clarifying changes to the NPDES eRule and eliminates some duplicative or outdated reporting requirements. Taken together, these changes are designed to save the NPDES authorized programs considerable resources, make reporting easier for NPDES-regulated entities, streamline permit renewals, ensure full exchange of NPDES program data between states and EPA, enhance public transparency, improve environmental decision-making, and protect human health and the environment. The final rule is effective on 4 January 2021. POC is Mr. Carey A. Johnston, Office of Compliance (mail code 2222A), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 202-566-1014; or email: johnston.carey@epa.gov. (Federal Register: 2 November 2020 [Rule] pages 69189-69206).
    Oct. 13, 2020
    EPA is correcting a final rule that appeared in the Federal Register on 26 March 2020. The EPA finalized the residual risk and technology review (RTR) conducted for the Municipal Solid Waste (MSW) Landfills source category regulated under national emission standards for hazardous air pollutants (NESHAP). This action corrects inadvertent errors in the cross-referencing and formatting in the Federal Register; as well as clarifies two operational and reporting requirements in the final rule. This action also revises the heading of 40 CFR part 60, subpart WWW as described in the final rule. The corrections and clarifications described in this action do not affect the substantive requirements of the regulations or the results of the RTR conducted for the MSW Landfills source category. This final rule is effective on 12 November 2020. POC is Andrew Sheppard, Natural Resources Group, Sector Policies and Programs Division (E143-03), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-4161; fax: (919) 541-0516; and email: Sheppard.Andrew@epa.gov. (Federal Register: 13 October 2020 [Rule] Page 64398-64401).
    Oct. 8, 2020
    EPA proposed standards to reduce the environmental impact of discharges, such as ballast water, that are incidental to the normal operation of commercial vessels. When finalized, this new rule will streamline the current patchwork of federal, state, and local requirements that apply to the commercial vessel community and better protect our nation's marine waters. EPA is proposing to establish national standards of performance for incidental discharges from commercial vessels as required under the Vessel Incidental Discharge Act (VIDA). The proposed rule includes discharge-specific standards for 20 different types of vessel equipment and treatment systems, as well as general performance standards that would apply more broadly to the full range of incidental discharges. The proposed rule also outlines procedures for states working through EPA or the U.S. Coast Guard to seek more stringent requirements, request emergency orders, or apply for no-discharge zones for one or more of the incidental discharges in any or all state waters. EPA will accept comment on the proposal for 30 days, following publication in the Federal Register.
    Sep. 15, 2020
    New Mexico State water quality officials announced that they approved a settlement agreement with the U.S. Defense Department over groundwater violations at Cannon Air Force Base in eastern New Mexico. The agreement addresses a compliance order that was issued over Cannon's lack of a groundwater discharge permit. The base also was accused of not providing state environmental regulators with information about chemicals left behind by past military firefighting activities. The state Environment Department had initially fined the Air Force almost $1.7 million for failing to monitor the contaminants discharged at Cannon and for letting its permit expire.
    Sep. 9, 2020
    EPA announced a broad public engagement and outreach effort to discuss how the agency will approach the rulemaking process to address unreasonable risks found in the final Toxic Substances Control Act (TSCA) chemical risk evaluations. After issuing the first two final risk evaluations, methylene chloride and 1-bromopropane, EPA is moving into the risk management phase and is hosting a robust process to gain important feedback from stakeholders on the options for managing those risks. EPA is holding two public webinars in September 2020 to kick off this outreach effort. Each will provide an overview of the TSCA risk management process and the tools available to manage the unreasonable risks. The first webinar, scheduled for 16 September 2020, will feature a discussion of the findings from the final risk evaluation for methylene chloride. The second webinar, scheduled for 30 September 2020, will include a discussion of the findings from the final risk evaluation for 1-bromopropane. Under TSCA, there are several actions EPA can take to address unreasonable risks including banning a chemical, restricting the manufacturing, processing, distribution or use, warning labels /testing, and requiring manufacturers to notify distributors of any unreasonable risks. EPA has up to one year after issuing a final risk evaluation to propose and take public comments on any risk management actions.
    Sep. 9, 2020
    EPA is finalizing amendments to the electronic reporting requirements for the National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units (also known as the Mercury and Air Toxics Standards (MATS)). This action revises and streamlines the electronic data reporting requirements of MATS, increases data transparency by requiring use of one electronic reporting system instead of two separate systems, and provides enhanced access to MATS data. No new monitoring requirements are imposed by this final action; instead, this action reduces reporting burden, increases MATS data flow and usage, makes it easier for inspectors and auditors to assess compliance, and encourages wider use of continuous emissions monitoring systems (CEMS) for MATS compliance. In addition, this final action extends the current deadline for alternative electronic data submission via portable document format (PDF) files through 31 December 2023. This final rule is effective on 9 September 2020. Mr. Barrett Parker, Sector Policies and Programs Division (D243-05), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; tel: (919) 541-5635; email: parker.barrett@epa.gov. (Federal Register: 9 September 2020 [Rule] Pages 55744-55780)
    Sep. 8, 2020
    EPA is taking final action to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources subject to requirements of the State of Alaska. The State of Alaska's requirements discussed in this document and listed in the appendix to the Federal OCS air regulations, are approved for incorporated into the compilation of state provisions that is incorporated by reference. This rule is effective on 8 October 2020. POC is Natasha Greaves, (206) 553-7079, or by email at greaves.natasha@epa.gov. (Federal Register 8 September 2020 [Final] Pages 55377-55380)
    Aug. 27, 2020
    EPA announces the release of How's My Waterway. How's My Waterway is a tool that assembles publicly available water quality data into a user-friendly package that provides information on water quality in our nation's waters. Map-centric and mobile-friendly, How's My Waterway works on all different screen sizes, from desktop computers and tablets to mobile phones
    Aug. 13, 2020
    This webinar is designed to help states and other federal agencies better track the compliance status of individually permitted NPDES facilities using the NPDES Early Warning SNC Dashboard. The NPDES Early Warning SNC Dashboard allows users to view SNC statuses for last official quarter, subsequent unofficial quarter, and current quarter in progress ("real-time status"). Real-time statuses indicate whether a facility would be in SNC if nothing changed for the rest of the current quarter, or whether a single additional effluent violation could cause SNC ("warning"). The first hour of this training will be an introduction to the Dashboard and the second hour will focus on conducting more advanced analysis with the Dashboard. In order for federal users to obtain access to the Early Warning Dashboard (and other compliance tools), users will need to register for an ECHO Gov account.
    Jul. 24, 2020
    EPA issued the first update on the collaborative implementation of the National Water Reuse Action Plan (WRAP) that was launched on February 27, 2020. The update highlights expeditious and meaningful progress that EPA and its partners across the water user community have made to advance consideration of water reuse and ensure the security, sustainability and resilience of our nation's water resources. The first update on the collaborative implementation of the National Water Reuse Action Plan is available at
    Jul. 24, 2020
    EPA finalized a rule that streamlines and modernizes the review of permits by the Agency's Environmental Appeals Board (EAB) for the first time in nearly three decades. Additionally, the final rule provides more flexibility to regulated parties, states and tribes, and the public.
    Jul. 22, 2020
    On 7 July 2020, the EPA revised the NESHAP: Organic Liquids Distribution (Non-Gasoline) Residual Risk and Technology Review. A set of amendatory instructions and one reference to a standard approved for incorporation by reference were removed during the review and publication process but the related standard reference was not removed. In addition, subsequent amendatory instructions were not properly revised to reflect the edits. This document corrects the final regulations. This final rule is effective on 22 July 2020. The incorporation by reference (IBR) of certain publications listed in the rule was approved by the Director of the Federal Register as of 7 July 2020. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214; and email: feinberg.stephen@epa.gov (Federal Register: 22 July 2020 [Rule] Pages 44216-44217)
    Jul. 21, 2020
    EPA is announcing its withdrawal of the 2011 determination to regulate perchlorate in accordance with the SDWA. On 11 February 2011, the EPA published a Federal Register document in which the Agency determined that perchlorate met the SDWA's criteria for regulating a contaminant. On 26 June 2019, the EPA published a proposed national primary drinking water regulation (NPDWR) for perchlorate and requested public comments on multiple alternative actions, including the alternative of withdrawing the 2011 regulatory determination for perchlorate. The EPA has determined that perchlorate does not occur "with a frequency and at levels of public health concern" within the meaning of the SDWA. In addition, in the judgment of the EPA Administrator, regulation of perchlorate does not present a "meaningful opportunity for health risk reduction for persons served by public water systems." Accordingly, the EPA will not issue a NPDWR for perchlorate at this time. For purposes of judicial review, the regulatory determination in this document is issued as of 21 July 2020. POC is Samuel Hernandez, Office of Ground Water and Drinking Water, Standards and Risk Management Division (Mail Code 4607M), EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: (202) 564-1735; email: hernandez.samuel@epa.gov. (Federal Register: 21 July 2020 [Rule] Pages 43990-44002)
    Jul. 21, 2020
    EPA and DoD are promulgating discharge performance standards for 11 discharges incidental to the normal operation of a vessel of the Armed Forces in the navigable waters of the United States, the territorial seas, and the contiguous zone. When implemented, the discharge performance standards will reduce the adverse environmental impacts associated with the vessel discharges, stimulate the development of improved vessel pollution control devices, and advance the development of environmentally sound vessels of the Armed Forces. The 11 discharges addressed by the final rule include the following: Catapult water brake tank and post-launch retraction exhaust, controllable pitch propeller hydraulic fluid, deck runoff, firemain systems, graywater, hull coating leachate, motor gasoline and compensating discharge, sonar dome discharge, submarine bilgewater, surface vessel bilgewater/oil-water separator effluent, and underwater ship husbandry. This final rule is effective on 17 August 2020. POC is Katherine B. Weiler, Oceans and Coastal Management Branch (4504T), U.S. EPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; (202) 566-1280; weiler.katherine@epa.gov. (Federal Register: 17 July 2020 [Rule] Pages 43465-43478).
    Jul. 16, 2020
    EPA announced an update to its Drinking Water Treatability Database with new treatment options and scientific references for per- and polyfluoroalkyl substances (PFAS). The database update will further help states, tribes, and local governments, as well as water utilities, make better decisions to manage PFAS in their communities.
    Jul. 10, 2020
    This action finalizes the residual risk and technology review (RTR) conducted for the Site Remediation source category regulated under NESHAP. The EPA is finalizing the proposed determination that risks due to emissions of air toxics from site remediation sources are acceptable and that no revision to the standards is required to provide an ample margin of safety to protect public health. Based on the results of our technology review, we are promulgating the proposed changes to the leak detection and repair (LDAR) program.. Finally, we are making minor clarifications and corrections. The final revisions to the rule will increase the level of emissions control and environmental protection provided by the Site Remediation NESHAP. This final rule is effective on 10 July 2020. POC is Matthew Witosky, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-2865; fax number: (919) 541-0516; and email address: witosky.matthew@epa.gov. (Federal Register: 10 July 2020 [Rule] pages 41680-41714).
    Jul. 7, 2020
    The EPA is finalizing updates to the regulations for the identification of ignitable hazardous waste under the RCRA and to modernize the RCRA test methods that currently require the use of mercury thermometers. These revisions provide greater clarity to hazardous waste identification, provide flexibility in testing requirements, improve environmental compliance, and, thereby, enhance protection of human health and the environment. This final rule is effective on 8 September 2020. POC is Daniel Fagnant, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; tel: 703-308-0319; email: fagnant.daniel@epa.gov. (Federal Register: 7 June 2020 [Rule] pages 40594-40608).
    Jul. 7, 2020
    his action finalizes the residual risk and technology review (RTR) conducted for the Organic Liquids Distribution (Non-Gasoline) (OLD) source category regulated under National Emission Standards for Hazardous Air Pollutants (NESHAP). The U.S. Environmental Protection Agency (EPA) is finalizing amendments to the storage tank requirements as a result of the RTR. In addition, we are taking final action to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); add requirements for electronic reporting of performance test results and reports, performance evaluation reports, compliance reports, and Notification of Compliance Status (NOCS) reports; add operational requirements for flares; and make other minor technical improvements. We estimate that these amendments will reduce emissions of hazardous air pollutants (HAP) from this source category by 186 tons per year (tpy), which represents an approximate 8 percent reduction of HAP emissions from the source category. This final rule is effective on 7 July 2020. POC is Mr. Neil Feinberg, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-2214 and email: feinberg.stephen@epa.gov. (Federal Register: 7 July 2020 [Rule] Pages 40740-40791)
    Jul. 6, 2020
    On 29 June 2020, the Office of Enforcement and Compliance Assurance (OECA) issued an Addendum to the Temporary Enforcement Discretion Policy. The Temporary Enforcement Discretion Policy was issued 26 March 2020, via the Memorandum titled: COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program. OECA is planning to terminate the COVID-19 Memorandum at midnight on 31 August 2020.
    Jun. 25, 2020
    How's My Waterway 2.0 is a tool that assembles publicly available water quality data into a user-friendly package of information on the quality of our nation's waters. The information the tool provides may help identify areas of need where green infrastructure can improve water quality, assist in the ecological restoration of water bodies, and have a positive impact on aquatic resources and recreational opportunities.
    Jun. 22, 2020
    EPA is adding 172 per- and polyfluoroalkyl substances (PFAS) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). EPA is also setting a manufacture, processing, and otherwise use reporting threshold of 100 pounds for each PFAS being added to the list. These actions are being taken to comply with section 7321 of the National Defense Authorization Act for Fiscal Year 2020 enacted on 20 December 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary, and this rule is effective immediately. This rule is effective 22 June 2020. POC is Daniel R. Bushman, Toxics Release Inventory Program Division, Mailcode 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; tel: (202) 566-0743; email: bushman.daniel@epa.gov. (Federal Register: 22 June 2020 [Rule] Pages 37354-37364).
    Jun. 19, 2020
    WASHINGTON (June 18, 2020) -- The U.S. Environmental Protection Agency (EPA) has issued a final action regarding the regulation of perchlorate under the Safe Drinking Water Act (SDWA). Considering the best available science and the proactive steps that EPA, states and public water systems have taken to reduce perchlorate levels, the agency has determined that perchlorate does not meet the criteria for regulation as a drinking water contaminant under the SDWA. Therefore, the agency is withdrawing the 2011 regulatory determination and is making a final determination to not issue a national regulation for perchlorate at this time.
    Jun. 18, 2020
    The focus of the Energy Policy Act of 2005 was leak prevention and included a provision for States to annually report the sources and causes of UST releases. The average percentage of unknown release sources was approximately 40% and the average percentage of unknown release causes was approximately 60% based on most recent available EPA Public Record reports posted on State websites. This webinar, recorded April 2020, discusses the currently available source and cause information nationally, the impacts of source and cause at the State level, and corrosion/degradation related issues internally and externally for UST systems. The webinar will also present a State example of how one can document source and cause more thoroughly for future national leak prevention analysis efforts.
    Jun. 10, 2020
    For 50 years, the U.S. Environmental Protection Agency (EPA) has maintained its commitment to protecting public health by improving air quality and reducing air pollution. This annual report, titled Our Nation's Air, summarizes the nation's air quality status and trends through 2019. Sections of this report convey information across different time periods, depending on the underlying data sources. While some are consistently available since 1970, like growth data, our longer-term trends for air quality concentrations start in 1990, when monitoring methodologies became more consistent.
    Jun. 8, 2020
    AirKnowledge is a partnership training program in the U.S. Environmental Protection Agency's (EPA's) Office of Air Quality Planning and Standards (OAQPS). AirKnowledge develops training material focused on the Clean Air Act program areas managed by OAQPS. This website is intended for use by the public and EPA staff. State, local and tribal air agency users should view training offerings on the learning management system (LMS).
    May. 22, 2020
    The EPA is revising its response to the U.S. Supreme Court decision in Michigan v. EPA, which held that the EPA erred by not considering cost in its determination that regulation under section 112 of the CAA of HAP emissions from coal- and oil-fired electric utility steam generating units (EGUs) is appropriate and necessary. This rule is effective 22 May 2020. POC is Mary Johnson, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, EPA, Research Triangle Park, North Carolina 27711; tel: (919) 541-5025; email: johnson.mary@epa.gov. [Federal Register: 22 May 2020 [Rules and Regulations] Pages 31286-31320)
    May. 21, 2020
    The EPA's RCRA (Resource Conservation and Recovery Act) Public Involvement Toolkit provides a broad range of tools and activities that community involvement practitioners, permitting agencies, public interest groups, community leaders, and facility owners/operators can use to empower communities to become more actively involved in the permit and cleanup decision-making processes at hazardous waste management facilities. This resource complements the 2016 edition of the RCRA Public Participation Manual and was designed as an online resource to help users identify opportunities and methods for engagement throughout the RCRA public participation process.
    May. 20, 2020
    EPA continues its focus on taking concrete action to address PFAS and protect public health. Building on the work outlined in the February 2019 PFAS Action Plan, the agency is expanding its research efforts and capabilities by launching its PFAS Innovative Treatment Team (PITT).
    May. 19, 2020
    EPA took the next step to implement an important per- and polyfluoroalkyl substances (PFAS) requirement of the National Defense Authorization Act (NDAA). The NDAA added 172 PFAS to the list of chemicals required to be reported to the Toxics Release Inventory (TRI) and established a 100-pound reporting threshold for these substances. The agency is publishing a final rule that officially incorporates these requirements into the Code of Federal Regulations for TRI. Per the NDAA requirements, the PFAS additions became effective as of January 1, 2020. Reporting forms for these PFAS will be due to EPA by July 1, 2021, for calendar year 2020 data.
    May. 8, 2020
    The State Dashboard provides summary trends of EPA and state enforcement and compliance activity, such as how many inspections were performed, how may violations were identified, and how many enforcement actions were taken. It allows the public to see trends and allows EPA and states to review data quality and to see how states are doing with program implementation. The new platform provides a dynamic interface which allows users to customize their view to best examine the data and trends they are interested in. The Dashboard covers data for five program areas: Air, Drinking Water, Hazardous Waste, Pesticides, and NPDES.
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