Scott Gould

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In April, the Environmental Protection Agency (“USEPA”) took two actions regarding per- and polyfluoroalkyl substances (“PFAS”), or so-called “forever chemicals,” that could have far-ranging implications.

Drinking Water Standards

First, USEPA established the first enforceable drinking water standards for PFAS chemicals.  USEPA established Maximum Contaminant Levels (“MCL”) for six PFAS compounds, all of which are more stringent than the state-imposed MCLs developed by the Pennsylvania Department of Environmental Protection (which are now preempted by the federal standards).  The new federal regulations require public water systems to come into compliance over a period of years.  Within three years of promulgation of the rule, all public water systems must complete their initial monitoring for the designated PFAS compounds in their intake water.  Compliance with the MCLs must be achieved within five years of promulgation of the rule.  If PFAS is detected in the intake water, that fact must be included in the required report to customers. 

It is important to note that these sampling, treatment, and notification responsibilities will not fall only on the major water companies but also on small private water systems.  Any system with 15 or more connections used year-round or at least 25 consumers year-round is considered a public water system for purposes of the rule.  For example, mobile home parks, residential HOA’s with water systems, assisted living and continuing care facilities and factories that supply potable water (including hand washing and bathing) to their employees, and business parks with their own water systems over the threshold service numbers will be subject to the new requirements.Continue Reading USEPA Promulgates PFAS Drinking Water Standards and Designates Two PFAS Substances As Hazardous Substances – What Does It Mean For You?

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On May 11, 2023, USEPA announced proposed rules to further limit the emission of carbon dioxide (CO2) from power plants and other electric generating units (EGUs). Industry trade associations assert that these regulations are a not-so-subtle attempt to eliminate fossil fuel use in the electricity generation industry.Continue Reading EPA PROPOSES NEW LIMITATIONS ON CARBON DIOXIDE EMISSIONS FROM ELECTRIC GENERATING UNITS

With 2023 underway, many businesses are gearing up to complete and submit their annual Tier II chemical inventory reports under the federal Emergency Planning and Community Right-to-Know Act (“EPCRA”).  Pennsylvania administers the program through the Department of Labor & Industry. Tier II reports are due by March 1 and therefore businesses should take the opportunity now to review their operations, purchases, and past reporting to ensure that all regulatory requirements under ECPRA are being met.  This blog post provides a brief overview of the Tier II chemical inventory reporting requirements under EPCRA and how those requirements may apply to your business and its operations.Continue Reading What’s In Your Warehouse? Chemical Reporting Due March 1

In response to the COVID-19 pandemic, the Pennsylvania Department of Environmental Protection (“PADEP”) recently announced the availability of a process for requesting temporary suspensions of environmental permitting and regulatory compliance obligations.  Regulated entities experiencing difficulties due to COVID-19 in meeting the terms and conditions of their environmental permits or complying with environmental regulatory provisions should consider submitting a form request to PADEP for relief.  Completed forms must be submitted to RA-EPCOVID19SuspReq@pa.gov.  While PADEP’s offices remain closed, program staff continue to work remotely to process submitted requests.

Unless a temporary suspension is granted
Continue Reading PADEP Responds to COVID-19: How to Ask PADEP for a Temporary Suspension of Environmental Compliance Obligations

**UPDATED 3/21/2020**

Governor Tom Wolf ordered all “non-life-sustaining” businesses throughout Pennsylvania to physically close their operations by 8 p.m. on March 19, 2020 in response to the COVID-19 pandemic.  Enforcement begins at 8:00 a.m., Monday, March 23.  With the Order, the Commonwealth issued a list of life-sustaining and non-life-sustaining businesses.  Residential and commercial construction were on the list of businesses that must close, absent a waiver from the Order.  The Commonwealth’s list is intended to be consistent with the federal Cybersecurity and Infrastructure Security Agency (CISA) Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, also released March 19, 2020.  For developers and builders who may be in critical stages of construction or who have environmental responsibilities under permits (such as the PAG-02 or individual permit for discharges of stormwater associated with construction activities), an immediate shutdown simply cannot be achieved.  So what are you to do?
Continue Reading UPDATE – 3/21/2020: The Governor’s COVID-19 Order: Compliance with Environmental Permit Requirements

**Updated 2/26/2020**

On December 7, 2019, the Pennsylvania Department of Environmental Protection (PADEP) reissued the general permit for stormwater associated with construction activities (PAG-02).  This general permit is routinely utilized in most real estate developments, solar farm installations, construction projects and other earth disturbance projects in the Commonwealth.  With the permit package, PADEP made substantial changes to the terms and conditions of the permit as well as the eligibility requirements to qualify for coverage under the general permit.  Importantly, the new permit automatically replaces any existing PAG-02 permit, however PADEP is requiring that permittees covered under a PAG-02 issued prior to December 7, 2019 certify whether they “remain eligible for and are able to comply with the terms and conditions of the reissued PAG-02 General Permit” in order to maintain coverage.  The acknowledgment is to be made electronically on or before March 9, 2020, and the form can be found here.

Permittees who are unable to certify that they remain eligible and able to comply with the new PAG-02 must nevertheless certify to that effect and submit an application for an individual NPDES permit on or before March 9, in which case general permit coverage under the new PAG-02 will continue until the individual permit is issued.  Failure to provide timely acknowledgement will result in termination of the permit coverage as of March 9, 2020.  Therefore it is critical that the acknowledgment be completed for all outstanding permits, or earthmoving activities will have to cease until a new permit is obtained.

The acknowledgment has raised many questions regarding
Continue Reading **Important Notice – General Permit for Stormwater (PAG-02)**

Real estate developers, construction businesses, engineers, and others involved in development projects are subject to numerous permitting and approval requirements under local, state, and federal regulatory programs.  For example, development projects in Pennsylvania involving earthmoving of more than one acre (i.e. most projects) must obtain a National Pollutant Discharge Elimination System (“NPDES”) permit for construction-related stormwater discharges, also known as PAG-02.  The current PAG-02 expires on December 7, 2019.  Recently, the Pennsylvania Department of Environmental Protection (“PADEP”) announced the availability of supporting documents, such as an updated Fact Sheet, and a comment period on the draft revised PAG-02.  The comment period is open until only September 16, 2019.

Anyone engaged in construction, real estate development, or similar operations should review the draft revised PAG-02 permit and supporting documents, and should consider submitting comments to PADEP.   PADEP anticipates the revised PAG-02 having an effective date of December 8, 2019.
Continue Reading Attention Developers! Construction Stormwater Permitting Changes Imminent

Our Energy and Environmental Practice Group issued a client alert today related to a rule released by the EPA and USACE that deals with “waters of the United States.”  The rule will impact land development and permitting.  The first two paragraphs of the article are reproduced below and additional details and the full text of…