Regulatory Updates

US EPA Signs Proposal to Remove “Affirmative Defense” from Several Standards

The US Environmental Protection Agency (EPA) recently signed a proposal to remove “affirmative defense” provisions from 18 rules in the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) under the Clean Air Act. These provisions had previously protected sources from civil penalties for emission standard violations during malfunctions if specific actions were followed. The move follows a 2014 D.C. Circuit court decision (NRDC v. EPA) that vacated such provisions in one EPA regulation. This …

Read MoreUS EPA Signs Proposal to Remove “Affirmative Defense” from Several Standards

Final Memo Issued: Climate Resilience in Hazardous Waste Permitting

On June 5, 2024, the US Environmental Protection Agency (EPA) issued a final memorandum that provides guidance to EPA Regions, states, and territories on when and how to consider potential adverse climate change impacts in the hazardous waste permitting process under the Resource Conservation and Recovery Act. This guidance includes recommendations for conducting climate change vulnerability screenings and assessments for treatment, storage, and disposal facilities to determine whether there are climate vulnerabilities that hazardous waste permits should address.  Read the …

Read MoreFinal Memo Issued: Climate Resilience in Hazardous Waste Permitting

US EPA Finalizes Rule for Oil and Natural Gas Operations

The US EPA has issued a final rule, effective May 7, 2024, intended to significantly reduce methane and other emissions from oil and natural gas operations, including existing sources nationwide. The rule includes New Source Performance Standards for new, modified, and reconstructed sources, and Emissions Guidelines for states to develop plans to limit methane from existing sources. Methane is regarded as a potent climate pollutant contributing to global warming. US EPA has indicated that cutting methane emissions can provide immediate …

Read MoreUS EPA Finalizes Rule for Oil and Natural Gas Operations

US EPA Rule Update Regarding Fossil Fuel Fired Power Plants

On April 25, the US EPA announced a set of final rules attempting to reduce pollution from fossil fuel-fired power plants and protect communities and improve public health without compromising reliable electricity delivery. These rules, established under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act, aim to cut climate, air, water, and land pollution from the power sector. The rules include: To read more about these rules please visit the US EPA website here.

US EPA Finalizes First-Ever National Drinking Water Standard to Protect 100M People from PFAS Pollution

On April 10, 2024, US EPA issued the first-ever national, legally enforceable drinking water standard intended to protect communities from exposure to harmful per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals” that are potentially linked to cancer.  EPA estimates that between about 6% and 10% of the 66,000 public drinking water systems subject to this rule may have to take action to reduce PFAS to meet these new standards. All public water systems have three years to complete …

Read MoreUS EPA Finalizes First-Ever National Drinking Water Standard to Protect 100M People from PFAS Pollution

US EPA Finalizes Ban on Most Uses of Methylene Chloride

On April 30, 2024, US EPA finalized a ban on most uses of methylene chloride, due to concerns that the chemical can cause cancer, neurotoxicity, liver harm and even death. Methylene chloride is used by consumers for aerosol degreasing and paint and coating brush cleaners, in commercial applications such as adhesives and sealants, and in industrial settings for making other chemicals.  EPA’s final risk management rule requires companies to rapidly phase down manufacturing, processing and distribution of methylene chloride for all consumer …

Read MoreUS EPA Finalizes Ban on Most Uses of Methylene Chloride

US EPA Extends Comment Period for Revisions of Open Burning/Open Detonation of Hazardous Waste Explosives Proposal; New Map Published

On March 20, 2024 the US Envirormental Protection Agency (EPA) proposed changes that would amend the standards for facilities that use open burning and open detonation to treat waste explosives. In response to requests for additional time, US EPA extended the comment period through June 20, 2024. Learn about this proposed rule and submit comments here.  If you are interested in learning more about where these facilities are located, check out US EPA’s new map publishing the location, identification numbers, permitting statuses, and …

Read MoreUS EPA Extends Comment Period for Revisions of Open Burning/Open Detonation of Hazardous Waste Explosives Proposal; New Map Published

Dust Control Permitting Requirements in Nevada

As the building season is ramping up, now is the time to ensure you meet all requirements for minimizing fugitive dust at your site. If your site is inside Washoe County and you are disturbing one (1) acre or more, you must apply for a Dust Control Permit with Northern Nevada Public Health (NNPH) before beginning operations. If your site is outside of Washoe and Clark counties, and you are disturbing five (5) acres or more, you are required to apply for …

Read MoreDust Control Permitting Requirements in Nevada

Draft Environmental Justice Strategic Plan

Feedback Due July 8, 2024 The US Department of Justice is seeking input to improve the draft US Environmental Justice Strategic Plan. The public may provide comments via virtual and in-person listening sessions or provide written comments to OEJ@usdoj.gov, by online survey, or postal mail to Office of Environmental Justice, U.S. Department of Justice, Environment and Natural Resources Division, P.O. Box 7611, Washington, DC 20044-7611. All written comments must be submitted or postmarked by Monday, July 8, 2024.

US EPA Update on Air Curtain Incinerators Requirements

In August 2020, the US Environmental Protection Agency (EPA) conducted a 5-year review of the Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources concerning certain solid waste incineration units. As part of this review, it was proposed to remove title V permitting requirements for air curtain incinerators (ACIs) that burn specific types of waste materials.  Following supportive feedback on the proposal, the EPA has finalized the decision to remove these permitting requirements for ACIs burning …

Read MoreUS EPA Update on Air Curtain Incinerators Requirements