Newsletter

The Waterways Journal

SEPTEMBER 23, 2022  BY JIM MYERS 

Washington, D.C.—Sen. Joe Manchin (D-W.Va.) released his much-anticipated permitting reform text, but initially it appeared to do little to resolve bipartisan opposition or clear a path to a continuous resolution (CR) needed to keep the government temporarily funded. 

Key provisions call for a two-year target for environmental reviews for certain major energy and natural resource projects, a one-year target for other projects, a lead agency to coordinate reviews, 150-day statute of limitations on court challenges and dispute resolution procedures for resolving disagreements. 

Proposed Superfund Ruling

The EPA’s proposed designation of PFOA and PFOS as “hazardous substances” under CERCLA continues to receive pushback from multiple industry groups. The EPA recently rejected a request for a regulatory impact analysis (RIA) on the proposed rule, which would have required the EPA to provide a direct and indirect cost estimate of the rule.

Some industrial groups, including several water and solid waste agencies, have requested a 60- or 90-day extension on the comment period for the Superfund proposed ruling due to the novelty of the rule and controversial nature. The current deadline for comments on the proposed ruling is November 7.

The Environmental Protection Agency (EPA) has a separate, pending proposal addressing RMP requirements. In the Clean Air Act Amendments of 1990, Congress required OSHA to adopt the PSM standard to protect workers and required EPA to protect the community and environment by issuing the RMP rule. The PSM and RMP rules were written to complement each other in accomplishing these Congressional goals. Since the E.O. 13650, EPA has published amendments to the RMP rule in 2017 and 2019. Any comments on the EPA's RMP proposal should be submitted in writing to the docket for that rulemaking and will not be discussed during OSHA's stakeholder meeting.  

On August 30, 2022, OSHA announced an informal stakeholder meeting regarding the rulemaking project for the Process Safety Management (PSM) standard regarding highly hazardous chemicals.  The meeting had previously been scheduled for September 28, 2022.  The stakeholder meeting will be held virtually from 10 a.m. to 4 p.m. ET, on Wednesday, October 12, 2022. Registration to participate in or observe the stakeholder meeting will be open until all spots are full. Written comments must be submitted by November 14, 2022.  More information is available in the Federal Register (https://www.federalregister.gov/documents/2022/09/20/2022-20261/process-safety-management-psm-stakeholder-meeting).   

EPA Administrator Michael Regan announced the creation of a national environmental justice and civil rights office on September 24.   The new Office of Environmental Justice and External Civil Rights will merge three existing programs — the Office of Environmental Justice, External Civil Rights Compliance Office, and Conflict Prevention and Resolution Center.  According to the EPA press release, It will be tasked with providing technical assistance to communities and enforcing civil rights laws, among other duties. The objective is to infuse equity and environmental justice principles into everything the agency does.  The office will be placed at the same high level within the agency as offices that regulate air and water pollution, and like these offices, will be led by a Senate-confirmed assistant administrator.