First, EPA published its human health toxicity assessment for “GenX chemicals,” also known as hexafluoropropylene oxide (“HFPO”) dimer acid (and don’t forget its ammonium salt!). EPA has pegged HFPO’s toxicity at 7-100 times higher than that of other PFAS compounds for which assessments already exist,… More
Monthly Archives: October 2021
Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act. EPA had requested remand, and made clear that it disagreed with the amendments promulgated in 2020, but it opposed vacatur.
Whatever one’s view of the merits of the 2020 rule, from the court’s perspective, faced with EPA’s current statements indicating substantial disagreement with significant elements of the 2020 rule,… More
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged that the groundwater used by the supplier had been contaminated by the disposal of hexavalent chromium by a wood treatment facility upgradient of the supplier’s well field.
Blaming the victim doesn’t quite cover this. … More
So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include:
- explicit consideration of indirect impacts
- renewed emphasis on consideration of cumulative impacts
- elimination of the requirement that there be “a reasonably close causal relationship” between a proposed action and a potential impact,…
There’s No Doubt What EPA Staff Thinks Should Be the Result of EPA’s Reconsideration of the PM2.5 NAAQS
Late last week, EPA released an external review draft of the “Supplement to the 2019 Integrated Science Assessment for Particulate Matter.” For those of you who don’t recall, the original Integrated Science Assessment was the report by EPA scientists that very clearly called for a decrease in the National Ambient Air Quality Standard for PM2.5. It was criticized by the Chair of the Clean Air Act Science Advisory Committee and ignored by Administrator Wheeler,… More