Environmental Protection Agency

On May 27, the Environmental Protection Agency (EPA) announced its intent to reconsider the Clean Water Act (CWA) Section 401 final rule issued by the Trump administration in June 2020 (Final Rule).

Continue Reading EPA Announces Reconsideration and Potential Revision of the Clean Water Act Section 401 Final Rule

On October 14, the Environmental Protection Agency (EPA) issued new interim guidance to expedite approvals that would allow companies to make claims regarding the residual effectiveness of long-lasting surface disinfectants and other products against COVID-19. In response to the constant need to disinfect public spaces, companies have been developing innovative products that do not require continuous application. The process recently announced by the Agency is intended to fast-track products to market that are capable of keeping surfaces clean for several hours or even days.

Continue Reading EPA Seeks to Expedite COVID-19 Disinfectant Long-Lasting Efficacy Claims Approvals

On October 1, 2020, the Environmental Protection Agency (“EPA”) issued its final rule allowing for a source classified as a “major source” of hazardous air pollutants (“HAP”) under section 112(a) of the Clean Air Act to reclassify as an “area source.”  A “major source” emits or has the “potential to emit” 10 tons per year or more of a single HAP or 25 tons per year or more of a combination of HAP.  The EPA had long-followed the “once-in-always-in” policy, under which a facility that qualified as a major source of HAPs as of the “first substantive compliance date” of the applicable Maximum Achievable Control Technology (“MACT”) standard was permanently subject to that standard, even if the source was later able to reduce its emissions below major source applicability thresholds.  With the final rule, branded as the “Major MACT to Area” (“MM2A”), EPA codified the withdrawal of the “once-in-always” policy and provided the requirements that apply to major sources choosing to reclassify, including reclassification that occurs after the first substantive compliance date of an applicable MACT standard.

Continue Reading EPA Finalizes Clean Air Act Rule Allowing Some Major Sources to Re-Classify as Area Sources