EPA

2022 - 5 - 26

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Image courtesy of "RoadandTrack.com"

The EPA Is Hunting Down Some of America's Biggest Tuning ... (RoadandTrack.com)

While the EPA's current interpretation of the Clean Air Act (CAA) creates hurdles for the aftermarket tuning industry at large, its consequences are further ...

As bad as this all sounds, it is important to note that the impacts of this current EPA effort shouldn’t be felt by current race car owners. That statement is also noticeably careful to leave out the companies that make racing conversions possible. RESC has made suggestions to the EPA on how to move forward in harmony. If you’re going to kill motorsports, let's kill it out in the public. And while Pulli is a massive supporter of the work SEMA is doing in Congress with the RPM Act, the legislative branch takes its sweet time. According to Racing Enthusiasts and Supplier Coalition (RESC) co-chair Jon Pulli, the new language surrounding exemptions is the crux of the issue. The language update virtually eliminated the former exemptions outlined in the original definition of a motor vehicle. That interpretation means race cars (which are considered “competition vehicles”) built from road cars (which are considered “motor vehicles”) are not exempt from the Clean Air Act. I find it quite insulting that the EPA can say that they support racing but they don’t support any form of tampering. “You’re talking about a hundred-year legacy in the United States of modifying street-driven vehicles to turn them into race-dedicated cars. Based on that about-face, you’d expect the fervor to die down. While the EPA’s current interpretation of the Clean Air Act (CAA) creates hurdles for the aftermarket tuning industry at large, its consequences are further reaching, and may prevent enthusiasts from building race cars out of road cars.

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Image courtesy of "The New York Times"

Scott Pruitt 'Endangered Public Safety' by Forcing His Drivers to Speed (The New York Times)

An internal report validated whistle-blower allegations that Scott Pruitt repeatedly forced his security detail to drive at dangerous speeds on routine ...

“Just because the administrator makes himself late for an appointment does not constitute us to arbitrarily turn on lights and sirens to get him to his next appointment timely,” one agent told investigators. But Kevin Chmielewski, a former political aide to President Donald J. Trump and Mr. Pruitt, confirmed to The New York Times that he was among the whistle-blowers. He now works as a general manager of a restaurant near Ocean City, Md., earning less than a third of his former federal government wages. Concern about these demands became so intense that one member of the security detail refused to turn on the lights and sirens, and then was removed from his job, the investigators found. The agency now mandates that any violations of the siren policy be reported internally. The department has argued that with the Trump administration over, the agency is not going to give him back his job as a political appointee. “Can you guys use that magic button to get us through traffic?” Mr. Pruitt would ask members of his security detail, the report said. The security officers said they knew this was a violation of federal policies and “endangered public safety,” the report said. “The administrator was visibly upset and was silent for an uncomfortable time in the car,” the report said, noting that after the officer was moved, the message to the staff was clear. They ultimately led to his resignation in July 2018. But the formal investigation by the E.P.A.’s criminal division into the improper use of lights and sirens on federal government cars — an inquiry that included interviews with at least five E.P.A. special agents, as well as Mr. Pruitt’s deputy chief of staff — had never been released. Henry J. Kerner, the special counsel, notified Mr. Biden that investigations had “substantiated many of the whistle-blowers’ allegations of wrongdoing by former administrator Pruitt and by E.P.A.”

EPA Revamps Its Legal Guidance On Environmental Justice (Law360)

The U.S. Environmental Protection Agency released updated legal guidance Thursday intended to help its staff address environmental justice and equity in ...

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EPA rolls out new EJ legal toolkit (E&E News)

In the absence of a federal environmental justice law, EPA is employing bedrock air and water statutes to address pollution in vulnerable communities.

While EPA discussed its approach to cumulative impacts in its 2022 update, the agency said it still hopes to develop stronger analysis on that issue. “That’s why advancing environmental justice is so critical to our mission.” “My observation is that on the long list of how a community could be considered overburdened or underserviced, there are a number of ways to figure that out that would not result in a challenge,” said Chandra Taylor-Sawyer, leader of the Southern Environmental Law Center’s Environmental Justice Initiative. “Agencies that have responsibility for enforcing environmental laws are doing so using the levers that are available to them to advance environmental justice concerns,” said Redd. EPA Legal Tools to Advance Environmental Justice — an update to a 2014 EPA document — focuses on implementing core environmental statutes like the Clean Air Act and Clean Water Act to tackle pollution and climate impacts in communities of color. “At EPA, we know that our most vulnerable communities bear a disproportionate burden when it comes to the impacts of pollution and climate change,” EPA Administrator Michael Regan wrote in an introduction to the document.

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Image courtesy of "Bloomberg Law"

EPA Revamps Legal 'Toolbox' to Reach Environmental Justice Goals (Bloomberg Law)

The EPA on Thursday unveiled a review of dozens of existing laws it can use to better protect marginalized communities from pollution—a legal “toolbox” to ...

Prieto wrote that he is also pressing his office and various EPA offices of regional counsel “to exercise leadership in identifying options to advance environmental justice and equity, as well as civil rights compliance” to address environmental injustice. The detailed survey of statutes, “EPA Legal Tools to Advance Environmental Justice,” puts more of a focus on tools that environmental justice advocates argue that the agency haven’t always been wielded, including civil rights laws. The EPA on Thursday unveiled a review of dozens of existing laws it can use to better protect marginalized communities from pollution—a legal “toolbox” to help the agency make good on the Biden administration’s broad environmental justice efforts.

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Image courtesy of "Canary Media"

EPA's ​'once-in-a-lifetime' opportunity (Canary Media)

In this Political Climate Newsflash episode, we feature an interview with EPA's Lisa Garcia about making the most of infrastructure funding.

In this inaugural episode, host Julia Pyper and producer Maria Virginia Olano bring you snippets from an interview with Lisa Garcia, a regional administrator at the EPA, about the work the agency is doing to deploy funding from the Infrastructure Investment and Jobs Act passed last year. As Garcia put it, “The infusion of funding for infrastructure is certainly a once-in-a-lifetime opportunity.” That can be because developments unfold slowly or are super-wonky, or simply get overlooked in a busy news cycle.

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Image courtesy of "E&E News"

New Biden appointees join EPA's ranks (E&E News)

EPA continues to fill its ranks with new political appointees from President Joe Biden as the agency looks to spread billions in infrastructure funding ...

She served as chief of staff for the White House American Rescue Plan implementation team. Under the measure, EPA will receive a monetary boost of about $60 billion, which is to be used to replace lead pipes, clean up Superfund sites and provide electric school buses. Destine Hicks, formerly deputy White House liaison at the agency, is now White House liaison at the Small Business Administration, according to her LinkedIn profile. Starting at EPA earlier this month, Marc Levitt is an infrastructure adviser in the Office of Policy. He is working on implementing the law, too, as well as issues related to permitting. Polachek is a Center for American Progress alum, a former aide to Sen. Richard Blumenthal (D-Conn.) and a former intern at the Obama White House, according to her LinkedIn profile. Maggie Polachek, who started last month as a special adviser for implementation in the EPA administrator’s office, is working on the infrastructure law.

EPA Announces Federal Working Group to Strengthen Coordination ... (U.S. EPA.gov)

WASHINGTON - This week, the U.S. Environmental Protection Agency (EPA) is announcing a Water Reuse Interagency Working Group, which was established under ...

Actions in the plan are intended to drive progress on reuse and address local and national barriers across a range of topics including technical, institutional, and financial. EPA will capture Working Group activities and findings in a biannual report to Congress, beginning in 2024. The Bipartisan Infrastructure Law makes significant investment in Reclamation’s Desalination and Water Purification Research and WaterSMART Programs to further water reuse research, project development, and implementation.” The Water Reuse Working Group will foster improved federal coordination on integrated water management strategies such as reuse.” “Effective water management saves energy and is a critical part of our equitable clean energy future,” said Kelly Speakes-Backman, Principal Deputy Assistant Secretary for the Office of Energy Efficiency and Renewable Energy. “We are thrilled to collaborate across the federal government through the Water Reuse Interagency Working Group. Together, we will innovate our way to widespread water reuse and resource recovery for American communities.” “The Department of the Interior is pleased to be a partner in the federal Water Reuse Interagency Working Group,” said Assistant Secretary for Water and Science Tanya Trujillo. “Adequate, resilient, and safe water supplies are fundamental to the health and economy of our nation, and investments in water recycling and reuse are a key to stretching limited water supplies.

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Image courtesy of "VPM"

13 years after Portsmouth Superfund site flagged as priority, EPA ... (VPM)

Lead, asbestos and even radioactive material remain on a Superfund site that lines Portsmouth's Paradise Creek.

“I know the effects of some of the people who've died and went home to be with the Lord and did not understand why they had these different side effects and illnesses from living in the area that they did. The EPA recently released a range of options for how to address the site. … I think that was just a very interesting point of how somebody can own this entire site and not even plan to have it do as much damage as it can.” He “really does feel bad for how this ended, and he didn't necessarily know everything that was going to happen,” she said. “We began to be concerned about the impact of these illnesses and the side effects and ill effects that so many of the various neighborhoods were suffering with,” White-Tasby said. White-Tasby said the EPA needs to do more testing near people’s homes to see if that’s happening. There must be a connection to the toxic chemicals nearby, locals said. The government ideally likes to use a cover that would have secondary value as ecological habitat, she said. It was the least low hanging fruit and I just think that’s why it was the last one.” That includes Peck and the Norfolk Naval Shipyard. It was deemed a priority by the Environmental Protection Agency in 2009. Environmental groups do ongoing work to clean up toxins in the creek, which feeds into the Elizabeth River.

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Image courtesy of "Indiana Public Media"

EPA to take public comments on cleanup plan for Franklin (Indiana Public Media)

Among other things, the EPA wants to treat groundwater south of the Amphenol site using a barrier to break down harmful chemicals as they flow through.

Among other things, the EPA wants to treat groundwater south of the Amphenol site using a barrier to break down harmful chemicals as they flow through. Among other things, the EPA wants to treat groundwater south of the Amphenol site using a barrier to break down harmful chemicals as they flow through.

EPA Withdraws its Direct Final Rule to Adopt the New ASTM E1527 ... (The National Law Review)

Prospective purchasers of real estate, lenders, or other entities that are commissioning environmental consultants to conduct Phase I ESAs should, ...

In 2013, the EPA issued a Direct Final Rule and proposed recognition of the E1527-13 Standard, and did not rescind the previous E1527-05 Phase I ESA Standard. However, after receiving negative comments, the EPA rescinded its Direct Final Rule, then finalized the adoption of the E1527-13 Standard, and through a separate rule rescinded the E1527-05 rule. In light of the recent developments regarding the new E1527-21 Standard, it is expected that the EPA will proceed with a rulemaking to finalize the adoption of the E1527-21 Phase I Standard and then rescind the E1527-13 Standard through a separate rule. In what was a surprise to many, the Environmental Protection Agency (EPA) has withdrawn its Direct Final Rule that would have recognized the new ASTM E1527-21 Phase I Environmental Site Assessment (ESA) Standard as what is required to obtain protection from liability under CERCLA. As discussed in our recent Legal Update, the EPA issued a request for comments regarding its proposed intention to adopt the new ASTM E1527-21 Phase I Standard into its “All Appropriate Inquiry” (AAI) rules and issued a Direct Final Rule indicating that unless it received adverse comments, the new standard would be effective on May 13, 2022.

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Image courtesy of "WFYI"

EPA to take public comments on cleanup plan for Franklin (WFYI)

The Environmental Protection Agency is seeking comments on a proposed cleanup plan for Franklin. Some Franklin residents believe leftover contamination from ...

Among other things, the EPA wants to treat groundwater south of the Amphenol site using a barrier to break down harmful chemicals as they flow through. The EPA will also hold a meeting on the plan and take public comments at Franklin City Hall on June 9 at 7 p.m. The EPA has provided a presentation and fact sheet on what's called the "Statement of Basis" for the plan on the agency's webpage for the Amphenol site.

Trump EPA Chief Made Drivers Misuse Lights, Sirens: Report (Law360)

Scott Pruitt, who led the U.S. Environmental Protection Agency during the Trump administration and was "perpetually late," routinely pressured his security ...

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Image courtesy of "The National Law Review"

EPA Authorizes Anti-Monkeypox Claims for Pre-Designated ... (The National Law Review)

Who's Impacted: Manufacturers and distributors of disinfectant products that are pre-qualified to make Emerging Viral Pathogens claims or that are potentially ...

With its May 23, 2022 announcement, EPA indicated that registrants with a pre-qualified “emerging viral pathogen designation” can now include a statement indicating efficacy “against viruses similar to monkeypox virus” in certain product labeling and authorize use against that virus. Under this process, an eligible product registrant can submit a request to EPA for expedited 90-day (or “ fast-track”) review under FIFRA sec. Note that EPA’s approval in individual cases may include additional terms and conditions further restricting how the designated statement may be communicated. However, when emerging viral pathogens like the monkeypox virus arise, few if any EPA-registered disinfectants usually specify use against them, and it can be very difficult for manufacturers to test and assess product efficacy promptly to add these viruses to existing product registrations. For registered disinfectants meeting EPA’s criteria, the Agency created an opportunity at any time before an outbreak for manufacturers to obtain emerging viral pathogen designation. The approved statement may be made in product technical literature distributed to health care facilities, physicians, nurses, and public health officials; non-label-related websites; consumer information services; and social media sites.

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