Compliance News is turning eight! To celebrate, the blog has a new, refreshed look featuring digestible recaps of key regulatory and compliance updates, with added insights from Brown and Caldwell staff highlighting what’s new and why it matters. Compliance News will continue to serve as resource for those looking to stay informed on regulatory and compliance news, released on an every-other-month basis.

Questions? Reach out to Andy Lukas

EPA signals approach to CSOs permitting post long-term control plan completion

The agency’s draft Guidance for Future NPDES Permits for Combined Sewer Systems aims to provide clear pathways to achieve water quality standards after long-term control plans have been completed. The draft guidance highlights agency priorities for NPDES permits including integrated planning, environmental justice considerations, and climate change adaptation planning.

Key insight: The EPA received comments from 40 entities and plans to finalize this guidance by end of summer 2024. Some are questioning the EPA’s authority to require several aspects of this guidance, including climate change adaptation because it is not expressly part of CSOs (combined sewer overflows) policy that Congress bound into the Clean Water Act.

Questions? Reach out to Julie Byrd

Fossil fuel-fired power plant standards aim to reduce pollution

Four final rules represent a significant step by the EPA to regulate the power sector as it invests in the transition to a clean energy economy. These new regulations aim to reduce carbon and metals emissions, as well as reduce pollutant discharges in power plant wastewaters, and enhance management of coal ash.

Why it matters: The power sector is poised for a transformative shift. The long-term investment and planning processes within the power sector are strongly tied to this suite of new rules.

Proposed air emissions reporting rule would expand report requirement

Questions? Reach out to Paul Pepler

The EPA’s proposed amendments to the Air Emissions Reporting Requirements were submitted for regulatory review on April 1. These revisions would change how state, local, and tribal air agencies report emissions data and would require owners/operators of some facilities to report additional emissions data.

Why it matters: The proposed amendments could require many industrial facilities, including all major sources and certain minor sources, to report air toxics emissions data for the first time. The estimated yearly average per-facility burden for reporting emissions data starting in 2027 is 27 hours when using in-house personnel.