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EPA enforcement chief David Uhlmann has formalized a new policy requiring coordination of civil and criminal enforcement, a measure that attorneys at Baker Botts say is “perhaps the most significant change in environmental enforcement since the passage of the basic environmental law decades ago.”

From Inside PFAS Policy

EPA is pledging to refrain from taking enforcement action against water systems and other PFAS passive receivers under its just finalized Superfund “hazardous substance” listing of two PFAS and to urge major potentially responsible parties (PRPs) who settle to waive their rights to sue passive receivers at such sites, according to the agency’s enforcement discretion policy.

The White House Council on Environmental Quality (CEQ) is poised to issue its final phase 2 National Environmental Policy Act (NEPA) implementing rule after the measure cleared interagency review, though the plan is drawing early industry criticism after Inside EPA reported that it retains controversial mitigation and climate mandates.

Citing conflict in Ukraine and the Middle East as justification, EPA has issued another “emergency” Clean Air Act waiver allowing summertime sales of 15 percent ethanol fuel (E15), enabling sales of the fuel to continue in the two-thirds of the country where they would otherwise be blocked by federal fuel regulations and judicial precedent.

Environmental groups are pressing EPA to scrap its plan to codify a narrow view of Title V air permit reviews that they say contravenes the “plain language and purpose” of the Clean Air Act, blocking both the agency and private citizens from scrutinizing the terms of underlying new source review (NSR) pre-construction permits.

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