As we move into the second half of 2020, the EPA continues to issue final rules and to drive regulatory activity. On June 18, the EPA granted a petition to add bromopropane to the Clean Air Act’s list of hazardous air pollutants. If formally added, it would mark the first addition to the list since 1990.

Also of note, the final Clean Water Action (CWA) Section 401 certification was published in the Federal Register on July 13. Effective Sept. 11, this final rule is intended to increase the predictability and timeliness of CWA Section 401 certification actions by clarifying time frames for certification, the scope of certification review and conditions, and related certification requirements and procedures.

Other important regulation and compliance items to keep an eye on:

PFAS protections final rule

The EPA issued a final rule in its PFAS Action Plan that will require EPA approval for certain products containing PFAS to be imported, produced, sold, or manufactured in the United States. This action applies to significant new uses; ongoing uses are not subject to these new rules.

Pandemic civil enforcement approach

The EPA’s temporary policy and subsequent addendum details the use of “enforcement discretion” during the pandemic. This policy states that the agency does not expect to seek penalties in situations where COVID-19 was the cause of the noncompliance. EPA also announced this policy will terminate on Aug. 31, 2020.

Ignitability determinations revised

The hazardous waste regulation addressing the characteristic of “ignitability” has been revised in a final rule by the EPA. The revisions are meant to provide flexibility to use modern testing methods that were not available when the original rule was adopted in 1980.

About the experts

Meghan Krishnayya, Indianapolis, is the Compliance & Permitting Service Line Director for Brown and Caldwell, with expertise in environmental regulatory program strategy development and implementation.

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