In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabama’s permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The decision evidently came as a surprise to the Alabama Department of Environmental Management (ADEM), the environmental regulatory agency that intends to manage Alabama’s CCR permitting program, as ADEM had been communicating and working with EPA on CCR program efforts for several years prior to the announcement. In addition, other states that have ...
A bill amending the Alabama Solid Wastes and Recyclable Materials Management Act by specifying when local approval of solid waste disposal permit modifications is necessary has passed both houses of the Alabama Legislature and is now law.
Under Act Number 2023-290, local governing body review and approval of permit modifications for landfills will be required only when the landfill seeks to:
- Increase the service area.
- Convert from an industrial or construction and demolition landfill into a municipal solid waste landfill, or convert from a construction and demolition landfill ...
This week a bill was introduced in the Alabama Legislature which would expand the state’s Brownfield Redevelopment and Voluntary Cleanup Program through the implementation of new features aimed to increase participation in the Program, thereby returning more brownfields to productive use and enhancing economic growth. Key features of the proposed amendments to the Alabama Land Recycling and Economic Redevelopment Act include the following.
Allowing Potentially Responsible Persons to be Entitled to Certain Liability Protections Through Voluntary Cleanup Program ...
On December 5, 2022, the U.S. EPA issued a memorandum entitled, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. The memorandum “provides EPA’s guidance to states and updates the April 28, 2022 guidance to EPA Regions for addressing PFAS discharges when they are authorized to administer the NPDES permitting program and/or pretreatment program.” The memorandum reaffirms EPA’s focus on its PFAS Strategic Roadmap commitments, recommending a number of steps permit writers can implement “to reduce the discharge ...
Per- and polyfluoroalkyl substances, or “PFAS,” as they have come to be known, are a category of widely-used and long-lasting chemicals found in many consumer, commercial, and industrial products. The human health and environmental risks of PFAS are not fully understood; however, some scientific studies suggest that exposure to high levels of certain PFAS may lead to adverse health effects. While many states, including Alabama, do not have numeric water quality criteria for PFAS, state environmental agencies are taking steps to address PFAS in the environment – ...
The U.S. Environmental Protection Agency (EPA) has announced that it will provide more efficient review of certain materials used in Electric Vehicle, Semi-conductor, and Clean Energy Sectors. EPA implements the New Chemicals Program pursuant to its authority under Section 5 of the Toxic Substances Control Act (TSCA). Under this Program, EPA assesses “new” chemical substances (i.e., those that are not on the TSCA inventory), and identifies conditions to be placed on their use before they are entered into commerce. Anyone who intends to manufacture or import a new chemical ...
On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the definition of “Waters of the United States” (“WOTUS”). The agencies indicate the proposal would “meet the objective of the Clean Water Act and ensure critical protections for the nation’s vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.”
The proposed rule replaces the “interstate commerce” test ...
Per- and polyfluoroalkyl substances, or "PFAS" as they are commonly known, are a group of thousands of man-made chemicals that have been manufactured in the United States and around the globe for several decades. These days, PFAS are a frequent topic of discussion for many environmental professionals, as affected clients make efforts to prepare themselves for seemingly inevitable regulation. But the prep work that is involved depends on where the client is operating, as the type of and speed at which regulatory changes are occurring varies across the nation.
In her article ...
In a March 15, 2021 address to the Center for American Progress, SEC Acting Chair Lee was clear:
No single issue has been more pressing for me than ensuring that the SEC is fully engaged in confronting the risks and opportunities that climate and ESG pose for investors, our financial system, and our economy.
That’s been apparent from the steady stream of climate and ESG-focused initiatives she has been announcing since January. Her reasoning is that because many investors (and indeed asset managers and other market participants) think these issues are significant, then they are:
On March 4, Acting Chair Allison Herren Lee announced the creation of a “Climate and ESG Task Force” of 22 members from across the Enforcement Division:
Consistent with increasing investor focus and reliance on climate and ESG-related disclosure and investment, the Climate and ESG Task Force will develop initiatives to proactively identify ESG-related misconduct. The task force will also coordinate the effective use of Division resources, including through the use of sophisticated data analysis to mine and assess information across registrants, to identify potential ...