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Articles by Ethan Ware
“Trickling-In”: Second Circuit Refines the 401 Water Quality Certification Scope and Procedures
For years, courts have incrementally expanded the scope and nature of restrictions on developments at or near waters of the United States (WOTUS), including wetlands, using a state’s authority to issue deny, or approve with conditions the required 401 water quality certification (401 WQC). It appears the pendulum may be swinging the other way. Most projects impacting WOTUS require the affected state to issue 401 WQC before it may proceed. In Raritan Baykeeper, Inc., et al. v.
Environmental Notes | September 2026
EPA’s PFAS Hazardous Substance Designation Survives Challenge By: Henry R.
EPA Proposes Major Changes to 401 Water Quality Certification
The U.S. Environmental Protection Agency (EPA) recently published a proposed rule to update and clarify several substantive and procedural requirements for the 401 water quality certification requirements of the Clean Water Act (CWA). 91 Federal Register 2008 (January 15, 2026) (“Proposed Rule”).
EPA Proposes Major Changes to 401 Water Quality Certification
The U.S. Environmental Protection Agency (EPA) recently published a proposed rule to update and clarify several substantive and procedural requirements for the 401 water quality certification requirements of the Clean Water Act (CWA). 91 Federal Register 2008 (January 15, 2026) (“Proposed Rule”).
Environmental Notes - April 2026
EPA Proposes Major Changes to 401 Water Quality Certification BY ETHAN R. WARE The U.S. Environmental Protection Agency (EPA) recently published a proposed rule to update and clarify several substantive and procedural requirements for the 401 water quality certification requirements of the Clean Water Act (CWA). 91 Federal Register 2008 (January 15, 2026) (“Proposed Rule”).
OSHA Provides Guidance on Measles Exposure in the Workplace | JD Supra
Summary — CDC data show increased measles activity nationwide in 2025, with nearly 2,000 confirmed cases. OSHA considers measles a workplace hazard, particularly for unvaccinated adults, with elevated risks in certain settings. Employers may have obligations under OSHA recordkeeping, PPE, bloodborne pathogens, hazard communication, and the General Duty Clause, and may wish to review compliance programs and ensure timely reporting of measles-related hospitalizations.
OSHA Provides Guidance on Measles Exposure in the Workplace
Summary — CDC data show increased measles activity nationwide in 2025, with nearly 2,000 confirmed cases. OSHA considers measles a workplace hazard, particularly for unvaccinated adults, with elevated risks in certain settings. Employers may have obligations under OSHA recordkeeping, PPE, bloodborne pathogens, hazard communication, and the General Duty Clause, and may wish to review compliance programs and ensure timely reporting of measles-related hospitalizations.
Environmental Notes - October 2025
By Jessica J.O. King On September 4, 2025, the White House published its Semiannual Agenda of Regulatory and Deregulatory Actions in which it discussed EPA’s plans regarding the issuance or revocation of regulations under certain environmental laws including the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act (SDWA), the Clean Air Act (CAA), and the National Environmental Policy Act (NEPA).
Everything Old is New Again: Actual Emissions are No Longer Enforceable Under NSR Permitting | JD Supra
EPA is withdrawing the proposed rule titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting’’ published in the Federal Register on May 3, 2024. 90 Fed. Reg. 34206 (July 21, 2025).
Is the Once in, Always in Policy Finally Dead? | JD Supra
EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within specified time frames after the rules is adopted. A joint resolution Congressional resolution disapproving the rule, adopted by both the Senate and the House, was signed into law by President Trump on June 20, 2025.
Environmental Notes - July 2025 | JD Supra
By Ethan R. Ware EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within specified time frames after the rules is adopted. A joint resolution Congressional resolution disapproving the rule, adopted by both the Senate and the House, was signed into law by President Trump on June 20, 2025.
TCE and PCE Eliminated from Most Uses | JD Supra
EPA late last year finalized rules banning use of trichloroethylene (TCE) in the United States and certain consumer uses of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). Both chlorinated chemical solvents have been linked by EPA to cancer and are common industrial solvents. The chemicals must be phased out over the next few years.
TCE and PCE Eliminated from Most Uses
EPA late last year finalized rules banning use of trichloroethylene (TCE) in the United States and certain consumer uses of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). Both chlorinated chemical solvents have been linked by EPA to cancer and are common industrial solvents. The chemicals must be phased out over the next few years.
Environmental Notes - January 2025
TCE and PCE Eliminated from Most Uses By: Ethan R. Ware EPA late last year finalized rules banning use of trichloroethylene (TCE) in the United States and certain consumer uses of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). Both chlorinated chemical solvents have been linked by EPA to cancer and are common industrial solvents. The chemicals must be phased out over the next few years.
Everything Old is New Again: Actual Emissions are No Longer Enforceable Under NSR Permitting
EPA is withdrawing the proposed rule titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting’’ published in the Federal Register on May 3, 2024. 90 Fed. Reg. 34206 (July 21, 2025).
Environmental Notes - July 2025
EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within specified time frames after the rules is adopted. A joint resolution Congressional resolution disapproving the rule, adopted by both the Senate and the House, was signed into law by President Trump on June 20, 2025.
EPA Chemical Facility Anti-Terrorism Standards Lapse | JD Supra
It has now been more than six months since Congress allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire on July 28, 2023. EPA recently advised all Chemical Facilities the CFATS program is currently not being enforced due to this inaction by Congress.
EPA to Issue Information Collection Requests to Set PFAS Limitations for Textile Wastewaters | JD Supra
The textile manufacturing sector cannot escape EPA’s rush to regulate per- and polyfluoroalkyl substances (PFAS). EPA recently requested comment on an Information Collection Request (ICR) to finish the process. Response to the ICR will be mandatory.
EPA Chemical Facility Anti-Terrorism Standards Lapse
It has now been more than six months since Congress allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire on July 28, 2023. EPA recently advised all Chemical Facilities the CFATS program is currently not being enforced due to this inaction by Congress.
Environmental Notes - February 2024
By: Susie Brancaccio Introduction EPA recently proposed a ban of trichloroethylene, commonly known as TCE, under the Toxic Substances Control Act (TSCA) which will have sweeping impacts on a variety of industries. Notably, EPA’s proposed rule cites an inexhaustive list of 250 NAICS codes representing the number of different industries that could be impacted by this rulemaking.
EPA Proposes New Effluent Guidelines for Meat Processors | JD Supra
Meat and poultry producers (MPP) have a unique opportunity to normalize costs anticipated for new EPA wastewater treatment requirements. The requirements appeared publicly for the first time in a pre-publication version of “Clean Water Act, Effluent Limitations Guidelines and Standards for the Meat and Poultry Products Point Source Category” (“Pre-publication Proposal”), see here.
EPA Proposes New Effluent Guidelines for Meat Processors
Meat and poultry producers (MPP) have a unique opportunity to normalize costs anticipated for new EPA wastewater treatment requirements. The requirements appeared publicly for the first time in a pre-publication version of “Clean Water Act, Effluent Limitations Guidelines and Standards for the Meat and Poultry Products Point Source Category” (“Pre-publication Proposal”), see here.
EPA Proposes New Effluent Guidelines for Meat Processors
Meat and poultry producers (MPP) have a unique opportunity to normalize costs anticipated for new EPA wastewater treatment requirements. The requirements appeared publicly for the first time in a pre-publication version of “Clean Water Act, Effluent Limitations Guidelines and Standards for the Meat and Poultry Products Point Source Category” (“Pre-publication Proposal”), see here.
EPA Expands Conditions for 401 Water Quality Certifications | JD Supra
The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United States.
Environmental Notes - October 2023 | JD Supra
The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change and air toxics. In our April newsletter, we highlighted air rules to put on your watch list. Since then, air professionals have been hard at work digesting and commenting on the Biden administration’s ambitious air agenda. Take a ticket aboard this adventure in the making.
Environmental Notes - October 2023
Submitted by tharris on October 19, 2023 - 12:47pm News Environmental Notes - October 2023 Click on the image below for a full PDF of the Environmental Newsletter.
EPA Expands Conditions for 401 Water Quality Certifications
The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United States.
Three Attorneys Named Among South Carolina's "Legal Elite"
Three Attorneys Named Among South Carolina's "Legal Elite" Williams Mullen is pleased to announce that attorneys, Jessica J.O. King, Ethan R. Ware and Richard H. “Dick” Willis, have been named among South Carolina's 2023 "Legal Elite" by Columbia Business Monthly, Greenville Business Magazine and The magazines survey attorneys across their regions to compile rankings for 50 practice areas.
Environmental Notes - July 2023
Click on the image below for a full PDF of the Environmental Newsletter.
Final NESHAP For Metal Coating Manufacturers Triggers Initial Performance Tests And Control Technology
Details By Ethan R. Ware, Attorney at Williams Mullen Liquid Coat 05 April 2023 On February 22, 2023, EPA published revisions to the national emission standard for hazardous air pollutants (NESHAP) for the Miscellaneous Coating Manufacturing (MCM), 40 CFR Part 63, Subpart HHHHH (“MCM NESHAP”) [88 Fed. Reg. 10842 (February 22, 2023)]. The new regulation will have almost an immediate effect, triggering new control technology and performance tests within the first twelve months.
Final NESHAP for Metal Coating Manufacturers Triggers Initial Performance Tests and Control Technology | JD Supra
EPA recently revised the national emission standard for hazardous air pollutants for certain coating manufacturers. The result is new performance tests and controls for existing affected sources adding metal hazardous air pollutant (“HAP”) emissions standards to the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Miscellaneous Coating Manufacturing (“MCM”), at 40 CFR Part 63, Subpart HHHHH (“MCM NESHAP”).
Final NESHAP for Metal Coating Manufacturers Triggers Initial Performance Tests and Control...
EPA recently revised the national emission standard for hazardous air pollutants for certain coating manufacturers. The result is new performance tests and controls for existing affected sources adding metal hazardous air pollutant (“HAP”) emissions standards to the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Miscellaneous Coating Manufacturing (“MCM”), at 40 CFR Part 63, Subpart HHHHH (“MCM NESHAP”).
EPA Adds 12 Chemicals to Annual EPCRA Reporting Requirements | JD Supra
In response to a petition filed under the Emergency Planning and Community Right-to-Know Act (“EPCRA”), EPA is adding 12 chemicals to the list of toxic chemicals subject to annual reporting under EPCRA and the Pollution Prevention Act (PPA). 87 Fed. Reg. 73475 (November 30, 2022). The preamble to this final rule states the new toxic chemical listing is the result of an EPA finding that “each of the 12 chemicals meets the EPCRA criteria . . .
EPA Proposed Rule: Fugitive Emissions Count Toward PSD Significant Emissions Increase Thresholds | JD Supra
EPA is proposing revisions to the new source review (“NSR”) permit program (“2022 Proposed Fugitive Emissions Rule”) under the federal Clean Air Act (“CAA”), which will codify the requirement that modifications account for fugitive air emissions when determining the need for an NSR permit due a significant emissions rate (“SER”) increase of certain air pollutants. The public comment period for the rulemaking closed December 13, 2022.
Environmental Notes - December 2022
Submitted by tharris on December 15, 2022 - 3:03pm News Environmental Notes - December 2022 Click on the image below for a full PDF of the Environmental Newsletter.
EPA Enforcement Alert: Emergency and Non-Emergency Stationary Sources Are the Focus of EPA | JD Supra
In a recent “Enforcement Alert,” EPA set out its intent to target owners and operators of stationary engines for compliance with Clean Air Act emissions requirements. According to the Enforcement Alert, “EPA has been finding numerous violations of the applicable Clean Air Act requirements” for stationary engines and have “assessed substantial penalties for facilities that have failed to comply.” The Enforcement Alert announces EPA’s intent to aggressively inspect and prosecute violators.
EPA ENFORCEMENT ALERT: Emergency and Non-Emergency Stationary Sources Are the Focus of EPA
Submitted by jchappell on October 10, 2022 - 11:20am News EPA ENFORCEMENT ALERT: Emergency and Non-Emergency Stationary Sources Are the Focus of EPA In a recent “Enforcement Alert,” EPA set out its intent to target owners and operators of stationary engines for compliance with Clean Air Act emissions requirements.
PFAS in Surface Finishing: Where is it Going?
Photo Credit: Getty Images We all have heard the rhetoric: PFAS is the next PCBs or Asbestos triggering an avalanche of EPA (Environmental Protection Agency) regulations, guidelines, and of course, lawsuits. This article takes a closer look at where PFAS components may show up in surface finishing operations and how the EPA’s regulation of PFAS may increase your facility’s liability risk. PFAS components The acronym “PFAS” stands for perfluoroalkyl substances (PFAS).
Ethan Ware Named Among South Carolina's "Legal Elite"
Submitted by jchappell on August 25, 2022 - 4:29pm News Ethan Ware Named Among South Carolina's "Legal Elite" Williams Mullen is pleased to announce that environmental attorney Ethan Ware has been named among South Carolina's "Legal Elite" by Charleston Business Magazine, Columbia Business Monthly and Greenville Business Magazine, respectively. Ware was recognized in the environmental law category in "Legal Elite of the Midlands” for the third consecutive year.
Limitations Bar Superfund Contribution Action | JD Supra
As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability asserted in a counterclaim could start the three year clock to initiate action, and if the company seeking contribution costs from other potentially responsible parties (PRP) did not act, the action may be barred by a statute of limitations.
EPA Aggregation Guidance is Easily Forgotten and Easily Enforced | JD Supra
Four years ago, EPA published its “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration” (New Source Review (NSR) Aggregation Action). 83 Fed. Reg. 57324 (November 15, 2018). It is an important policy for existing stationary sources to understand. Combined, the PSD and NNSR permitting program is known as “NSR Permitting” and applies to major sources.
Limitations Bar Superfund Contribution Action
As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability asserted in a counterclaim could start the three year clock to initiate action, and if the company seeking contribution costs from other potentially responsible parties (PRP) did not act, the action may be barred by a statute of limitations.
EPA Aggregation Guidance is Easily Forgotten and Easily Enforced
Four years ago, EPA published its “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration” (New Source Review (NSR) Aggregation Action). 83 Fed. Reg. 57324 (November 15, 2018). It is an important policy for existing stationary sources to understand. Combined, the PSD and NNSR permitting program is known as “NSR Permitting” and applies to major sources.
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions | JD Supra
EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be notable for what they do not do. In particular, the proposal does not recognize certain traditional exemptions to TSCA reporting.
Environmental Notes - January 2022 | JD Supra
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be notable for what they do not do. In particular, the proposal does not recognize certain traditional exemptions to TSCA reporting. Please see full Newsletter below for more information.
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions
01.20.2022 New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions By: Ethan R. Ware EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be notable for what they do not do. In particular, the proposal does not recognize certain traditional exemptions to TSCA reporting.
Environmental Notes - January 2022
Click on the image below for a full PDF of the Environmental Newsletter.
Be Prepared: Managing Environmental Inspections
Is your shop ready for an environmental inspection? Preparation and documentation can help minimize your facility’s risk of noncompliance. #asktheexpert #regulation Ethan R. Ware, Esquire, Williams Mullen Q: My facility takes environmental regulations very seriously. What advice do you have for working with inspectors? Violations identified during an inspection can result in significant penalties and costs.
Environmental Notes - October 2021
Click on the image below for a full PDF of the Environmental Newsletter.
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