FAST AND FURIOUS EPA: FIVE CRITICAL ISSUES FACING REGULATED FACILITIES IN 2023
Meet the Experts
David Cozad, Director OECA, USEPA Region 7 on Environmental Justice and an Enforcement Update
Michael Showalter, Partner, ArentFox Schiff on Environmental Justice
Aimee Davenport, Partner, Stinson on NEPA
Aaron Ball, Team Leader, Olsson on NEPA
James Price, Partner, Spencer Fane on PFAS
Kasi Dubbs, Principal Consultant, Trinity Consultants, on PM2.5 and Interstate Transport
Roger Walker, Executive Director, REGFORM, Moderator
Is your facility ready for major rule and policy changes anticipated in 2023?
This half-day event will address the myriad (and dramatic) changes that are anticipated for facilities and environmental compliance professionals in 2023.
Our Expert speakers will address the biggest concerns facing regulated entities over the next few months, including:
Enforcement Priorities and Actions
NEPA assessments of environmental impacts on Federal projects will continue to be crucial for development and infrastructure. Phase 2 NEPA revisions issued by the Council on Environmental Quality will further reverse Trump era revisions to NEPA. So far, Sen. Manchin’s efforts have resulted in no meaningful reform. Courts will undoubtedly have something to say about the NEPA changes. Without reform, the Administration’s ambitious clean energy goals could be difficult to achieve. The CEQ has already published preliminary guidance on how federal agencies should include greenhouse gas emissions in their environmental reviews. Based on this early guidance, expect the federal government to scrutinize fossil-fuel projects much more than renewable energy installations.
Recent proposed changes to tighten NAAQS for PM2.5 cut across most if not all industrial sectors. EPA is proposing to revise the primary standard from 12.0 µg/m3 to 9.0-10.0 µg/m3 but is accepting comments on revising the standard down in the range of 8.0 µg/m3 to 11.0 µg/m3. The proposal retains all other PM2.5 NAAQS standards. According to EPA’s Regulatory Agenda, the agency aims to finalize the standard in August 2023.
Environmental justice (EJ) is increasingly at the core of regulatory and state environmental policymaking using tools and policies outlined by EPA. How companies interface with the community is going to be a front and center conversation around permit negotiations, and even inspections and enforcement. The EPA’s Office of General Counsel recently released a document that provides, for the first time, examples of legal authorities that regulators can use to identify and address cumulative impacts in permitting, regulatory actions, and grant-funding decisions.
PFAS issues continue to move at lightning speed in many different directions. Lifetime health advisories have been issued and soon drinking water standards. Required wastewater sampling is right behind which will impact treatment systems, pretreatment, direct discharges and biosolids. Proposals are being considered to designate certain PFAS materials as “hazardous substances” under the Superfund law and as “hazardous constituents” and “hazardous wastes” under RCRA. Consumer, personal injury, and property damage lawsuits have been filed, with more are on the horizon.
EPA Enforcement Priorities
In 2022, EPA’s inspections increased significantly – more than 75% over FY2021. It also conducted 55% of its on-site inspections in EJ areas, exceeding its goal of 45%, and continued to increase its use of desktop inspections, which are accomplished via Information Requests that allow the agency to conduct more inspections without going on-site. In addition, EPA’s Office of Enforcement and Compliance Assurance (OECA) has proposed new priorities for fiscal years 2024-2027 focusing on climate mitigation and addressing PFAS contamination. EPA’s OECA is also asking for comment on whether to launch new initiatives aimed at addressing coal ash and lead contamination. EPA is also asking for comment on other initiatives.
Registration Fee = $90 + processing fee
The standard registration fee is $90.
April 20, 2023 7:45 am - April 20, 2023 12:00 pm
by Zoom only
Register now with your credit card.