LGEAN - Compliance & Enforcement

Compliance & Enforcement

Latest News and Updates

EPA Releases New Edition of Liability-Focused Handbook for Local Governments
"Revitalizing Contaminated Sites: Addressing Liability Concerns (The Revitalization Handbook)"(2011 Edition) summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites.

EPA Construction General Permit
Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) stormwater program.

New York Representatives Put Forward Water Regulation Bill
Legislation that would permit the New York Department of Environmental Conservation to regulate withdrawals of over 100,000 gallons from New York waterways is working its way through the state legislature. Up to 70 percent of New York streams and rivers currently have unregulated water withdrawals.

California Establishes New Renewable Energy Mandates
Gov. Jerry Brown signed legislation requiring California utilities to get one-third of their power from renewable sources, giving the state the most aggressive alternative energy mandate in the US.

EPA Solicits Public Comment on Permit to Reduce Stormwater Discharges from Construction Sites
The U.S. Environmental Protection Agency (EPA) is releasing for public comment a draft permit that will help improve our nation’s waterways by regulating the discharge of stormwater from construction sites.

Indiana Legislature Debates Voluntary Renewable Electricity Goal
The Indiana state legislature is considering a "clean energy" bill which will stop short of requiring Indiana to increase its renewable electricity production.

EPA to Open Public Comment on Proposed Standards to Protect Aquatic Ecosystems
The U.S. Environmental Protection Agency (EPA) is proposing for public comment standards to protect billions of fish and other aquatic organisms drawn each year into cooling water systems at large power plants and factories.

New Guidelines for Energy Star Homes
Effective January, 2011, new, more rigorous guidelines are in place for new homes that earn the Energy Star label.

Compact Fluorescent Light Bulbs--Improved Cleanup Guidance
EPA has updated its guidance on how to properly clean up a broken compact fluorescent lamp (CFL) and also developed a new consumer brochure with CFL recycling and cleanup tips.

EPA Issues Extension to Greenhouse Gas Reporting Deadline
The U.S. Environmental Protection Agency has issued a final rule that extends the deadline for reporting 2010 data under the Greenhouse Gas (GHG) Reporting Program to September 30, 2011.

Clean Water Act Permit Requirement for Pesticide Discharges
EPA requested an extension on Clean Water Act Permit requirement for Pesticide Discharges on March 3, 2011, to allow more time for pesticide operators to obtain permits for pesticide discharges into U.S. waters.

Retrospective Review Plan and Significant Regulations for Review
President Obama recently issued Executive Order 13563, requiring each agency to develop a plan to periodically conduct a retrospective review of its regulations, and determine if they are ineffective, insufficient, or overly burdensome, and then revise or repeal as warranted. In response, EPA is developing a review plan and a list of candidate regulations for potential review, and we would like to solicit your feedback on both.

EPA To Develop Regulation for Perchlorate and Toxic Chemicals in Drinking Water
EPA is moving forward with the development of a regulation for perchlorate to protect Americans from any potential health impacts, while also continuing to take steps to ensure the quality of the water they drink.

Proposed Transport Rule
The EPA proposed a rule that would protect the health of millions of Americans by helping states reduce air pollution and attain clean air standards. This rule, known as the Transport Rule would require 31 states and the District of Columbia to significantly improve air quality by reducing power plant emissions that contribute to ozone and fine particle pollution in other states.

EPA Announces Next Steps on Emissions Standards for Boilers, Certain Incinerators
The standards will be significantly different than what EPA proposed in April 2010. The agency believes these changes still deserve further public review and comment and expects to solicit further comment through a reconsideration of the rules.

Development of New Recreational Water Quality Criteria
EPA has completed studies that serve as a scientific foundation for developing new or revised water quality criteria for recreational waters, such as lakes, rivers and oceans, by October 2012.

Federal Responsibility for Stormwater Pollution
A bill was recently passed to amend the Federal Water Pollution Control Act and to clarify Federal responsibility for stormwater pollution.

Chesapeake Bay Compliance on Mind of Legislators Addressing Businesses
Chesapeake Bay compliance for wastewater treatment facilities is at the top of the list of issues that business leaders are concerned with for the current legislative session.

GHG Permitting Requirements for Users of Biomass
The U.S. Environmental Protection Agency (EPA) is announcing its plan to defer, for three years, greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources.

EPA Proposes Updates to Greenhouse Gas Reporting Program
The U.S. Environmental Protection Agency (EPA) is proposing actions under the greenhouse gas (GHG) reporting program to address issues about the public availability of certain data that some businesses may consider to be confidential. The total emissions for each facility is still required to be reported to EPA and released to the public.

EPA Improves Guidance for Compact Fluorescent Light Bulbs Cleanup
The U.S. Environmental Protection Agency (EPA) today updated its guidance on how to properly clean up a broken compact fluorescent lamp (CFL). Included with the guidance is a new consumer brochure with CFL recycling and cleanup tips. EPA encourages Americans to use CFLs for residential lighting to save energy and prevent greenhouse gas emissions that lead to global climate change.

Proposed National Rulemaking to Strengthen the Stormwater Program
EPA has initiated a national rulemaking to establish a program to reduce stormwater discharges from new development and redevelopment and make other regulatory improvements to strengthen its stormwater program.

EPA Seeks New Timetable for Reducing Pollution from Boilers and Incinerators
The U.S. Environmental Protection Agency (EPA) is seeking an extension in the current court-ordered schedule for issuing rules that would reduce harmful air emissions from large and small boilers and solid waste incinerators.

Home Builder Fees for Air Pollution Upheld in Federal Court
Air quality regulators in the San Joaquin Valley can now enforce the local air district’s rule and charge home builders a fee to control pollution emissions.

EPA Announces 2010 Enforcement and Compliance Results
The U.S. Environmental Protection Agency (EPA released its annual enforcement and compliance results. In fiscal year (FY) 2010, EPA took enforcement and compliance actions that require polluters to pay more than $110 million in civil penalties and commit to spend an estimated $12 billion on pollution controls, cleanup, and environmental projects that benefit communities.

EPA Finalizes Standards to Protect Water from Alga Bloom Pollution
The U.S. Environmental Protection Agency (EPA) has finalized protective standards to help reduce water pollution that causes harmful algae blooms--the thick, green muck that fouls clear water--which can produce toxins harmful to humans, animals and ecosystems across the state of Florida.

Addition of National Toxicology Program Carcinogens - Final Rule
EPA finalized a rule to provide communities with additional information about toxic chemicals being released to the environment. The rule, which will be effective on November 30, 2010, adds 16 chemicals to the TRI list of reportable chemicals. This action is part of EPA's ongoing efforts to examine the scope of TRI chemical coverage and provide more complete information on toxic chemical releases, and it is the first TRI program chemical expansion in over a decade.

EPA Seeks Small Businesses Input on Exterior Lead Paint for Public and Commercial Buildings
The U.S. Environmental Protection Agency (EPA) is inviting small businesses and organizations to participate as consultants for a Small Business Advocacy Review (SBAR) panel as the agency considers steps to reduce lead-based paint dust during the renovation, repair, and painting of the exterior of public and commercial buildings.

Compliance Information Available from a new EPA Bulletin
The SmallBiz@EPA Bulletin provides an opportunity to highlight information on Agency activities, initiatives, and rulemakings.

Enforcement Alert Newsletters
Enforcement Alert newletters inform the public and those regulated by environmental laws about important environmental enforcement issues, recent trends, and significant enforcement actions. The information they contain should help the regulated community comply with environmental laws and applicable regulations.

Each issue also provides readers with links to relevant EPA websites and other resources to learn more about the laws and regulations and how to comply with them.

For information about the Spill Prevention, Control, and Countermeasure (SPCC) Rule
see http://www.epa.gov/ceppo/web/content/spcc/

EPA to Cut Mercury, Other Toxic Emissions from Boilers, Solid Waste Incinerators
The U.S. Environmental Protection Agency (EPA) is issuing proposals that would cut U.S. mercury emissions by more than half and would significantly cut other pollutants from boilers, process heaters and solid waste incinerators.

The Rulemaking Gateway
The Rulemaking Gateway provides information to the public on the status of EPA's priority rulemakings.

Lean Manufacturing and the Environment
Eliminate waste while delivering quality products on time and at least cost with the resources available from the U.S. EPA LEAN Website at http://www.epa.gov/lean/.

Environmental Management Help Available at the Small Business Environmental Home Page
The Small Business Environmental Home Page (Home Page), funded by EPA ASBO, was developed in 1996 as a resource for small businesses and local governments and for the US EPA ASBO, state SBEAPs, state SBOs, NSC, and state and national CAPs. The Home Page is intended to be a one stop shop for small businesses and assistance providers who seek information on a wide range of environmental topics.

NESHAPS on Paint and Coatings, the "Auto Body Rule"
National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources, also known as "the auto body rule," was published as a final rule on January 9, 2008. New facilities must come into compliance with this rule within 180 days of startup. Existing facilities have until January 11, 2010.

EPA Re-Issues Permit for Construction Site Stormwater
The EPA is re-issuing a stormwater Construction General Permit for a two-year time period. The permit will apply only in the five states where EPA is the permitting authority (Massachusetts, New Hampshire, New Mexico, Idaho and Alaska); Washington, D.C.; most territories; and most Indian country lands.

New Industrial Stormwater Permit Guide
The Printers' National Environmental Assistance Center (PNEAC) (http://www.pneac.org/) now offers The Industrial Stormwater Permit Guide to explain how to comply with federal stormwater regulations. The Guide can be used by many businesses, not just printers.

Agencies Revise Guidance to Protect Wetlands and Streams
EPA and the Department of the Army issued revised guidance on December 2, 2008 to better protect wetlands, streams and other waters under the Clean Water Act (CWA).

CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms
The final rule, "CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms," is an exemption from the existing notification requirements in the 1984 final rule on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) notification requirements. The exemption became effective on January 20, 2009.

'Wanted' list web site aims to track down environmental fugitives

A new web tool is available to enlist the public and other law enforcement agencies in tracking down fugitives accused of violating environmental laws and evading arrest. The site includes photos of the accused, summaries of their alleged environmental violations, and information on each fugitive's last known whereabouts. The alleged violations include smuggling of ozone-depleting substances, illegally disposing of hazardous waste, discharging pollutants into the air and water, laundering money and making criminally false statements.

Issue Summary

Environmental compliance ensures that local governments can protect and improve the health safety and welfare of their communities. The resources below provide information on programs, publications, and organizations that can assist local governments' compliance efforts.

Resources

U.S. EPA

The Sector Notebook series is a unique set of profiles containing information for specific government operations. Unlike other resource materials, which are organized by air, water and land pollutants, the Notebooks provide a holistic approach by integrating processes, applicable regulations and other relevant environment information.

Training for federal, state and tribal environmental enforcement agencies:
This training is offered through the National Enforcement Training Institute via NETI Online. It is open only to regulatory or law enforcement professionals of Federal, state, local or tribal governments. Examples include government investigators, inspectors, attorneys, case developers and technical staff.

Environmental Finance Center Network
The EFCs provide state and local officials and small businesses with advisory services; education, publications, and training; technical assistance; and analyses on financing alternatives.

Compliance Assistance Centers
Compliance Assistance Centers help businesses, local governments, and federal facilities understand and comply with federal environmental requirements and save money through pollution prevention techniques. The Centers offer easy access to plain-language materials and other resources on environmental compliance.

National Compliance Assistance Clearinghouse
Need help understanding environmental regulations? This innovative web site provides quick access to compliance assistance tools, contacts, and planned activities from US EPA, its partners, and other compliance assistance providers.