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USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For...

In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications....more

EPA Proposes New Limitations on Carbon Dioxide Emissions from Electric Generating Units

On May 11, 2023, USEPA announced proposed rules to further limit the emission of carbon dioxide (CO2) from power plants and other electric generating units (EGUs). Industry trade associations assert that these regulations are...more

FINAL REMINDER – ACTION NEEDED: It’s Time to Renew Coverage Under the NPDES PAG-03

On December 24, 2022, the Pennsylvania Department of Environmental Protection’s (“PADEP”) Bureau of Clean Water reissued the PAG-03 NPDES General Permit for stormwater discharges associated with industrial activity for a new,...more

What’s In Your Warehouse? Chemical Reporting Due March 1

With 2023 underway, many businesses are gearing up to complete and submit their annual Tier II chemical inventory reports under the federal Emergency Planning and Community Right-to-Know Act (“EPCRA”). Pennsylvania...more

PADEP Issues Emergency Rulemaking for Volatile Organic Compound Emissions in Conventional Oil and Gas Operations

On December 2, 2022, the Pennsylvania Department of Environmental Protection (“DEP”) announced that its recent emergency rulemaking limiting volatile organic compound (“VOC”) emissions from conventional oil and gas sources...more

Masks for Employees During the COVID-19 Pandemic?: White House, Governor Wolf Recommend Masks for the Public and OSHA Issues...

As many employers adjust to operate during the COVID-19 pandemic and strive to protect their workers, the federal government and states are scrambling to ensure healthcare workers and first responders have an adequate supply...more

PADEP Responds to COVID-19: How to Ask PADEP for a Temporary Suspension of Environmental Compliance Obligations

In response to the COVID-19 pandemic, the Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of a process for requesting temporary suspensions of environmental permitting and...more

What Does the Governor’s COVID-19 Order Mean for Developers and Compliance with Environmental Permit Requirements?

Governor Tom Wolf ordered all “non-life-sustaining” businesses throughout Pennsylvania to physically close their operations by 8 p.m. on March 19, 2020 in response to the COVID-19 pandemic. Enforcement begins at 8:00 a.m.,...more

All Permittees for Construction Stormwater General Permits Face Deadline to Submit Certification

On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02). ...more

EPA Announces “WOTUS” Replacement Rule that Will Affect Development and Narrow Jurisdictional Wetlands and Waters

On December 11, 2018, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“USACE”) announced the long-awaited replacement rule for the 2015 “waters of the United States” rule (“WOTUS I”). In effect,...more

USEPA Withdraws “Once In Always In” VOC Air Quality Policy

On January 25, 2018, the U.S. Environmental Protection Agency (“USEPA”) issued guidance withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112...more

Stormwater Regulation and Fees Will Impact Auto Dealers

Municipalities throughout Pennsylvania are in the process of implementing local stormwater ordinances and fees that will likely impact many auto dealers. Recent changes to federal and state laws have forced municipalities to...more

Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After...

After December 7, 2017, new Pennsylvania land development projects that disturb in total over an acre of land will require an individual National Pollutant Discharge Elimination System (“NPDES’) permit. Although the...more

EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of...

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such...more

Pennsylvania High Court Reinforces Nuisance Claim Bar Under the Right To Farm Act

On December 21, 2015, the Pennsylvania Supreme Court decided the case Gilbert, et al. v. Synagro Central, LLC, et al., Pa Supreme Court No. 121 MAP 2014 (December 21, 2015), which interpreted a provision of the Pennsylvania...more

Environmental Alert: Requirements for Existing Area Source Boilers

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014 - This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP...more

Pennsylvania Department of Environmental Protection Proposes 50 Percent Increase in Title V Annual Air Emissions Fees

If you are one of the nearly 560 Title V facilities in Pennsylvania, DEP has proposed a 50 percent increase in your annual air emissions fees. (See 43 PA Bulletin 677, February 2, 2013.) Under the proposal, you will pay $85...more

Emergency Engines – Promised EPA Rule Relaxes Allowance for Emergency Engines to Operate Under Demand Response Programs, But...

On January 14, 2013, EPA signed final revisions to the RICE NESHAP (and related NSPS for consistency) allowing for expanded use of emergency engines in non-emergency situations. The action bans peak shaving by emergency...more

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