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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.
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few months have been no exception, and a recent move by the Supreme Court is likely to create further uncertainty for the time being.
On February 5, 2021, the U.S. Environmental Protection Agency (EPA) issued updated Frequently Asked Questions (FAQs) regarding its Audit Policy Program, signaling that the Biden Administration will continue to support proactive, self-disclosure of environmental violations in a policy previously encouraged by the Trump Administration. In 2018, EPA stressed the importance of self-auditing and self-disclosure.
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