We are pleased to present you with Taft’s Environmental newsletter, a collection of insights from our team to yours. For more information on our environmental practice, please visit www.taftlaw.com.

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ARTICLES
EPA Makes Inflation Adjustment to Civil Penalties
By: Chase Dressman

On Jan. 13, EPA promulgated a final rule to adjust the maximum and minimum statutory civil penalty amounts under numerous environmental statutes. The revised penalty levels listed in the third column of the chart in the article will apply to all civil penalties assessed on or after Jan. 13, 2020 for violations that occurred after Nov. 2, 2015 — the date that the Federal Civil Penalties Inflation Adjustment Improvement Act was signed into law. Consistent with the language of the 2015 Federal Civil Penalties Inflation Adjustment Improvement Act, EPA’s new rule is not subject to notice and public comment, and will immediately become effective on Jan. 13, 2020.


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Less Implications for PFAS Under the Final National Defense Authorization Act (2020)
By: Rob Bilott, Frank Deveau and Kimberly DalSanto

On Dec. 20, President Donald Trump signed the National Defense Authorization Act for 2020.1 In addition to creating the Space Force, the legislation includes several provisions meant to address Per- and Polyfluoroalkyl Substances (PFAS), including PFOA and PFOS. The act:
  • Prohibits the use of firefighting foam containing PFAS after Oct. 1, 2024 at military installations and immediately prohibits use of PFAS-containing firefighting foam in training exercises.
  • Adds PFOA and PFOS, along with other PFAS chemicals such as Gen X, to the Toxics Release Inventory. This addition becomes effective Jan. 1, 2020, and would require any facility that manufactures, processes or uses more than 100 lbs. of PFAS per year to annually report their releases and disposal of PFAS.
  • Requires most public water systems to monitor for PFAS under the Safe Drinking Water Act.

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EPA Proposes Three Major Revisions to CCR Rule
By: Scott Alexander and Kristine Gordon

On Dec. 2, 2019, the U.S. Environmental Protection Agency (EPA) proposed revisions to the Coal Combustion Residual Rule (CCR Rule) under the Resource Conservation and Recovery Act (RCRA).1 The proposed rule affects how electric utilities, independent power producers, and the like, dispose of coal combustion residuals (CCR) generated by their operations. The proposed rule makes three major revisions to the existing CCR Rule.

First, the proposed rule sets an Aug. 31, 2020 deadline requiring facilities to stop disposing of CCR and non-CCR waste and start the closure of all unlined impoundments and all surface impoundments that fail the aquifer location standard of 40 C.F.R § 257.101(b)(1). Id. at 65,942. This rule expedites the prior Oct. 31, 2020 deadline. Id.


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