On Tuesday, April 23, 2019, in a development of interest to practically anyone who operates a plant or business, EPA published its Interpretive Statement in the Federal Register. (See 84 FR 16810 (April 23, 2019).) After considering the thousands of comments it received in response to a February 20, 2018, Federal Register notice, EPA has concluded that “the Clean Water Act (CWA) is best read as excluding all releases of pollutants from a point source to groundwater from a point source from NPDES program coverage, regardless of a hydrological connection between the groundwater and jurisdictional surface water.”
Yesterday, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.”
This notice invites an unprecedented level of review over EPA’s entire existing body of regulations. The notice aims to implement the President’s February 24 Executive Order 13777 Enforcing the Regulatory Reform Agenda “to alleviate unnecessary regulatory burdens.” The notice describes those regulations vulnerable to overhaul as those that:
(a) Eliminate jobs, or inhibit job creation;
(b) Are outdated, unnecessary, or ineffective;
(c) Impose costs that exceed benefits;
(d) Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies.
The comment period closes only 30 days out, on May 15, 2017. Contact your counsel for more information or to request assistance in commenting.