On March 13, the Environmental Protection Agency (EPA) took the long-anticipated step of proposing maximum contaminant level goals (MCLGs), as well as individual maximum contaminant levels (MCLs), for six PFAS compounds under the Safe Drinking Water Act. PFAS are a large family of synthetic chemicals that have been in use since the 1940s. Many PFAS have unique physical and chemical properties that make them highly stable and resistant to degradation in the environment, which is why they are sometimes referred to as “forever chemicals.”

Continue Reading EPA Advances PFAS Strategic Roadmap With Proposed Drinking Water Standards

On February 8, the U.S. Fish and Wildlife Service (FWS) proposed regulatory changes (Proposed Rule) focused on the application and approval process for Endangered Species Act (ESA) permits issued under Section 10. Section 10 of the ESA authorizes FWS to permit take of listed species where such take is necessary for scientific purposes or the enhancement of propagation or survival of the species, or where the take is incidental to an otherwise lawful activity. Section 10 permits are used for Candidate Conservation Agreements with Assurances and Safe Harbor Agreements, which are voluntary landowner agreements designed to benefit candidates or listed species, respectively. Section 10 permits also have been used to allow the take of listed species incidental to private development activities through a Habitat Conservation Plan (HCP), which involves the project proponent committing to certain conservation activities.

Continue Reading Fish and Wildlife Service Proposes New Section 10 Regulations Under the Endangered Species Act

On January 9, the White House Council on Environmental Quality (CEQ) issued an Interim Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change (Interim Guidance) “to assist Federal agencies in their consideration of the effects of GHG emissions and climate change when evaluating proposed major Federal actions in accordance with the National Environmental Policy Act (NEPA).”

Continue Reading CEQ issues Notice of Interim Guidance on Greenhouse Gas Emissions in NEPA Reviews

On November 22, 2022, the White House released a new version of the Climate and Economic Justice Screening Tool, an online interactive map that uses datasets on various “burdens” environmental justice communities may face, such as climate change, energy, health, housing, legacy pollution, transportation, water and wastewater, and workforce development. Communities will be identified as disadvantaged if they are in a census tract that meets the threshold for at least one of the burden categories and corresponding economic indicator, or are on the lands of a federally recognized tribe.

Continue Reading White House Releases New Version of the Climate and Economic Justice Screening Tool

President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United States. In 2018 a “federal water sub-cabinet” was informally established to coordinate water policy across the major federal agencies responsible for developing, managing, funding, regulating, and researching water resources in the United States. The original members included senior water officials within the Department of the Interior, Environmental Protection Agency, Department of Agriculture, Army Corps of Engineers, Department of Energy, and National Oceanic and Atmospheric Administration. The subcabinet was formally established in October 2020 under Executive Order 13956, “Modernizing America’s Water Resource Management and Water Infrastructure.”

Continue Reading Federal Water Policy Coordination Codified

Following its March 2022 proposal to uplist the northern long-eared bat (NLEB) to endangered status, U.S. Fish and Wildlife Service (FWS or Service) finalized the proposal on November 30, 2022. On January 25, the Service announced that these new protections for the NLEB will take effect on March 31, 2023, instead of January 30, as originally proposed. In addition, the agency proposed to list the tricolored bat as endangered on September 14, 2022. FWS has also indicated that it expects to issue a proposed listing decision regarding the little brown bat this summer.

Continue Reading FWS Finalizes NLEB Uplisting and Advances Tricolored Bat Listing

Better late than never, but on January 4, EPA published its Fall 2022 Unified Regulatory Agenda. The Reg Agenda includes a few new rulemaking initiatives and a number of schedule changes that were largely expected since EPA has been running a few months behind on most of their major rulemakings (e.g., WOTUS, 401 Water Quality Certification, Steam Electric ELG, Lead and Copper Rule Improvements).

Continue Reading Steam Electric ELG Surprise in EPA’s Fall Regulatory Agenda

2022 was a busy year for air quality and climate change policy, and 2023 promises to be no different. See below for a list of high-profile actions expected from EPA this year, along with a few you might not have on your radar screen.

Continue Reading 2023 Air Quality and Climate Regulation Watch List

John Goodin takes a break from his recent retirement to share invaluable insights with Dave and Anna from his 32-year career in EPA’s Office of Water. John talks about the long-running “waters of the United States” rulemaking, provides an insider’s perspective on federal decision-making, and connects his passion for travel with EPA’s mission to restore and protect our nation’s waters.

Continue Reading H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds