Regulatory Updates

TCEQ to Assume Oil and Gas Wastewater Permitting from RRC

Historically, the Railroad Commission of Texas has been responsible for wastewater permitting of upstream oil and gas facilities under a Memorandum of Understanding with the Texas Commission on Environmental Quality.

EPA Resource Conservation & Recovery Act (RCRA) Corrective Action (CA)

The EPA RCRA Corrective Action (CA) Program recently provides a review and update on CA set in 2004 and new CA set for 2030.

Final Guidance from EPA on Applying the U.S. Supreme Court’s Decision on County of Maui vs. Hawaii Wildlife Fund to NPDES Permits

On October 19, 2020, the EPA issued a Draft Guidance Memorandum on how permitting authorities and permit writers should apply the U.S. Supreme Court’s recent decision on the case of the County of Maui vs. the Hawaii Wildlife Fund. A 30-day public comment period was initiated on December 10, 2020.

EPA continues to aggressively address PFAS wastewater with two new strategies

EPA takes steps toward PFAS wastewater and storm water permitting, and analytical methods for testing.

EPA Clean Air Act Rulemaking Announced December 2020

EPA announces Clean Air Act Rulemaking in the final month of the current administration and indicates more could be announced before the new administration comes into office.

2020 TSCA Chemical Data Reporting (CDR)

Earlier this year, EPA revised the CDR rule to reflect the 2016 amendments to TSCA, including changes for foreign-owned businesses and the reporting responsibilities of suppliers and contractors, as well as an exemption for small businesses.

NERC and FERC Take Action on Facilities Ratings

There has been significant work across the electric industry to improve facility ratings related processes, programs, frameworks, internal controls and best practices. Yet this continues to be a challenging area for utilities, particularly from an asset management and regulatory compliance perspective.

New Jersey’s Landmark Environmental Justice Law

EPA Finalizes Reversal of “Once In Always In” Air Pollution Policy

On October 1, 2020, the EPA finalized a ruling that no longer enforces the “once in, always in” air emissions policy.