On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) proposed a revised definition for “waters of the United States,” intended to establish the scope of federal regulatory authority under the Clean Water Act in a more clear and understandable way. With the understanding that the federal role under the Clean Water Act is derived from Congress’ commerce power over navigation, the proposal attempts to limit “waters of the United States” under the Clean Water Act to those that are physically and meaningfully connected to traditional “navigable” waters.
Six (6) categories of waters that would be considered “waters of the United States” are described:
Continue reading “Waters of the US: A New Hope”
The US Environmental Protection Agency (EPA) has issued its proposed rulemaking pertaining to the issuance of regulations for the prevention of spills or releases of Clean Water Act (CWA) hazardous substances. The proposal, published in the June 25 Federal Register, concludes that no additional regulatory requirements are necessary at this time.
EPA’s review of whether to propose new regulations to prevent releases of hazardous substances was prompted by a 2015 lawsuit that charged EPA with failure to comply with its duty under CWA Section 311 to issue regulations for the prevention and control of hazardous substance spills from on-shore facilities. A February 2016 Consent Agreement established a schedule for EPA to sign “a notice of proposed rulemaking pertaining to the issuance of the Hazardous Substance regulations” and take final action after notice
Continue reading “Hazardous Substance Spill Prevention: The Proposed Action is No Action at all!”