News

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The agency’s draft Guidance for Future NPDES Permits for Combined Sewer Systems aims to provide clear pathways to achieve water quality standards after long-term control plans have been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 The draft guidance highlights agency priorities for NPDES permits including integrated planning, environmental justice considerations, and climate change adaptation planning.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

 

Spotlight: PFAS regulations expected to have broad impact

The new and pending PFAS regulatory measures will broadly impact utilities and businesses, necessitating updates in compliance strategies and operational practices. Recent developments represent a major step forward in regulating PFAS, ensuring safer drinking water, and advancing environmental protection efforts.
Long-awaited PFAS drinking water standard released
A landmark rule by the EPA sets the first-ever federal drinking water standards for PFAS, aiming to protect communities from “forever chemicals” and backed by nearly $1 billion in new funding for implementation. Download BC’s Free PFAS Drinking Water Standards Reference and Sampling Checklist for an at-a-glance guide to track ongoing compliance monitoring at your facility.

400 POTWs targeted for a PFAS sampling program
The EPA recently released details for an upcoming study that would collect PFAS data from the largest publicly owned treatment works (POTWs) in the United States with flows over 14 million gallons per day starting in late 2024 or early 2025. Facilities with high daily flows and a diversity of industrial dischargers will likely be required to participate in the sampling program, which NACWA estimates may cost as much as $20,000-$30,000 per facility. In case you missed it: BC Insider Blog: EPA POTW Influent Study draft offers tips to prepare.
Hazardous Substances Designation under CERCLA
Hot on the heels of the release of the drinking water standards, EPA released the final designation of PFOS and PFOA as hazardous substances under the CERCLA rule (aka Superfund). Effective July 8, this designation has the potential to implicate private and municipal sector entities in long term monitoring and cleanup of PFAS releases to the environment.
Destruction and disposal guidance
The EPA released updated interim guidance on the destruction and disposal of certain PFAS and PFAS-containing materials, providing crucial information for environmental management. For those in the industry, it’s important to review the guidance and understand its implications for current operations and future planning.

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