EPA Updates States On WOTUS, Comments Due On Host Of EPA Rules
EPA is updating state regulators about its efforts to update the definition of “waters of the United States” and other pending Clean Water Act policies. Comments are due on a suite of major EPA rules, including plans to regulate greenhouse gases from power plants, regulating PFAS under Superfund and TSCA new chemical rules.
The Association of Clean Water Administrators (ACWA) is holding its 2023 Annual Meeting Aug. 9-11 where state regulators and EPA officials will present on key issues including EPA efforts to revise the definition of “waters of the United States” (WOTUS), contaminants of emerging concern, and environmental justice updates among other issues.
The American Law Institute-Continuing Legal Education is holding an Aug. 9 webinar about how property rights have been affected by the 2022 Supreme Court term and what’s coming next, where academics and private practitioners will discuss, among other cases, Sackett v. EPA and what that ruling means for future efforts to define WOTUS.
EPA’s National Drinking Water Advisory Council (NDWAC) is hosting an Aug. 8 virtual meeting where the agency will offer updates about its Safe Drinking Water Act (SDWA) programs and to consult with the advisors on the final national primary drinking water regulation for per- and polyfluoroalkyl substances (PFAS). It also plans to provide an update from the microbial & disinfection byproducts rule revisions working group.
The Association of State Drinking Water Administrators (ASDWA) and EPA are hosting the 2023 annual meeting for the Area-Wide Optimization Program (AWOP), a voluntary multi-state effort designed to assist water systems with optimizing their physical and organizational infrastructures without incurring capital expenses.
Comments are due Aug. 11 on EPA’s advance notice of proposed rulemaking asking whether it should designate seven additional PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) beyond perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), the two most-studied ones.
Additionally, EPA is asking whether it should add precursors of those seven PFAS as well as precursors of PFOA and PFOS to the CERCLA list, and/or whether it should designate categories of the chemicals to the list.
The American Bar Association is hosting its 2022 Superfund Year in Review on Aug. 9, where authors of the Superfund Year in Review will present about the leading Superfund cases from 2022 and the implications of the case holdings. It will also break down important Superfund case developments and help practitioners identify key holdings and changes in Superfund law from last year.
Power Plant GHGs
Comments are due Aug. 8 on EPA’s closely watched proposal to curb GHG emissions from fossil fuel-fired power plants. The Climate Action Campaign and the Solutions for Pollution coalition will host an Aug. 8 news conference at EPA to call for strong standards.
CWA Test Methods
The U.S. District Court for the Eastern District of California has a hearing scheduled for Aug. 7 in Clean Water SoCal, et al., v. EPA, et al., where California publicly owned treatment works are calling for a preliminary injunction against EPA’s use of contested Clean Water Act (CWA) toxicity test methods that they charge has the effect of codifying the method when adopting new water quality standards for toxics.
Moms Clean Air Force and Healthfirst PA are hosting an August 8 webinar to discuss pollution and children’s health in the context of the chemical spill in East Palestine, OH, and its effects in western Pennsylvania.
TSCA New Chemicals ‘Framework’
Comments are due Aug. 8 on EPA’s proposed update to its “framework” rule governing how the agency conducts its pre-market reviews of new chemicals under the Toxic Substances Control Act (TSCA).
The proposal has already faced criticism from multiple quarters, with environmentalist and industry sources calling the proposal a “housekeeping” measure that does not address outstanding concerns with new chemicals reviews that environmentalists say are too lax and industry says are mired in delays. And an animal welfare group is urging the agency to include changes to reduce animal testing it says the rule might otherwise spur.