The U.S. Environmental Protection Agency (EPA) is considering expanding the number of per- and polyfluoroalklyl substances (PFAS) compounds classified as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Last September, the agency proposed designating the two most studied and common types of PFAS—perfluorooctanoic acid (PFOA) and perfluoroocanesulfonic acid (PFOS)—as hazardous substances. In an advanced notice of proposed rulemaking published on April 13, EPA said it is seeking comment on adding other PFAS compounds, including HFPO-DA, sometimes called GenX, to the list of hazardous substances under that law. Designation of a chemical as a CERCLA “hazardous substance” has far-reaching consequences for release reporting, cleanup and other environmental liabilities.
The Ninth U.S. Circuit Court of Appeals in San Francisco ruled Monday that the City of Berkeley cannot enforce a ban on natural gas hookups in new buildings, holding that the U.S. Energy Policy Conservation Act of 1975 preempts the city’s regulation. The ruling was a response to a 2019 case filed by the California Restaurant Association against the city. The decision could have ramifications for efforts by other cities and counties in California to ban natural gas appliances in new buildings.
In a consent decree approved on Monday by the federal district court in Washington, D.C., EPA agreed to review and update its emissions rules to more fully regulate hazardous air pollutants from oil and gas storage, production, and transmission facilities. Under the settlement, the government agreed to propose and finalize new rules in 2024 and 2025, but did not commit to make specific changes. Environmental groups sued the agency in April 2022, claiming EPA had an obligation under the Clean Air Act to update the rules every eight years but had not done so since 2012.
Dutch Slough, a restored wetland in the Sacramento-San Joaquin River Delta in Contra Costa County, stores carbon at such a high rate that it is in the top 1% of thousands of locations studied worldwide, from pine forests to arctic tundra, according to UC Berkeley scientists who have worked at the site since last year. The 1,200-acre restoration project, which is in the process of being returned to wetlands after decades of farming, is the largest of its kind in California and will cost $63 million to build when complete. The information gleaned from studying the site will help to guide the types of restoration projects California takes on in its quest to reach carbon neutrality by 2045.
A divided Sonoma County Board of Supervisors on Tuesday voted 3-2 to approve a new policy governing groundwater supply well permitting and oversight. The regulations are designed to align with more stringent state groundwater standards and court rulings. They will require certain high-volume users to comply with new monitoring requirements and, in some cases, to pass a closer study of potential environmental impacts. The process is meant to give the county a way to gauge the potential impact of new wells on the region’s major rivers and feeder streams, considered public trust resources. The regulations will take effect on May 18, the same day the county’s moratorium on well drilling expires.
Granite Rock Company has agreed to pay a $325,000 penalty to settle an environmental protection lawsuit brought by the Santa Clara County District Attorney’s Office. The company allegedly allowed stormwater runoff contaminated with heavy metals and high alkalinity to pass into storm drains that lead to Coyote Creek. This is the county’s third water pollution runoff case against an industrial facility near Coyote Creek in San Jose.
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