Recently, EPA issued an Interim OECA Guidance on EPA and state roles on managing enforcement and compliance assistance. See, Interim OECA Guidance on Enhancing Regional—State Planning and Communication on Compliance Assurance Work in Authorized States. While EPA is seeking to emphasize cooperative federalism in modifying the emphasis of the 1986 revised policy on state/EPA enforcement agreements, as provided in the first footnote of the Guidance, the policy issued on January 22, 2018, appears to make the states the primary enforcer of environmental laws and provides a secondary role for EPA in that regard.
In January 2017, both EPA and OSHA increased civil penalties for new enforcement cases. While the increases became effective just days before the new Administration took office, the increases are a result of Congressional action in 2015 to annually adjust civil penalties for inflation by January 15 of each new calendar year.
Businesses and companies seeking to qualify for penalty mitigation and relief by submitting voluntary self-disclosures under EPA’s Audit Policy need to be aware of significant changes and modifications that took effect in December 2015.
On March 10, 2015, EPA issued a new revised 2015 Update to its Supplemental Environmental Project (SEP) Policy, thereby superseding prior SEP policies.
The U.S. Justice Department, EPA, and Lowe’s Home Centers, LLC, have entered into a Consent Decree to resolve alleged violations of the EPA’s Lead Renovation, Repair, and Painting Program requirements, according to an April 24, 2014 notice in the Federal Register. The allegations, associated with violations at three home sites, require Lowe’s to pay a $500,000 civil penalty and implement a comprehensive compliance program.
EPA Region 4 and Family Dollar, Inc., have entered into a Consent Agreement and Final Order (CAFO) to resolve allegations that the retail store distributed two bleach products with labels that purportedly were not identical to the EPA-approved labels. The settlement, under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), requires the company to pay a $602,438 penalty.
Today’s guest post is courtesy of Andrew Brought, a partner with Spencer Fane Britt & Browne, LLP’s Environmental Group.
If you manage or perform renovations, repairs, or painting activities on the exterior or interior of public building or commercial buildings, you should be aware that EPA is currently evaluating whether and how to regulate such activities in public buildings or commercial buildings constructed before 1978 that pose lead-based paint hazards. On Monday, May 13, 2013, EPA issued a notice in the Federal Register that it is seeking public comment on this topic until July 12, 2013, and will host a public meeting at EPA’s headquarters on June 26, 2013.
Did your business manufacture or import more than 25,000 lbs. of chemical substances (including byproducts) at any single site in calendar year 2011? If so, your company may be subject to EPA’s 2012 Chemical Data Reporting Rule, 40 CFR Part 711, under the Toxic Substances Control Act (TSCA) and you should have filed a submission to EPA on or before August 13, 2012.