EPA draft memorandum guidance for regulated community and permitting authorities: The Environmental Protection Agency (EPA) is issuing a draft memorandum to provide guidance to the regulated community and permitting authorities on applying the recent decision of the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), in the Clean Water Act Section 402 National Pollutant Discharge Elimination System (NPDES) permit program for point source discharges that travel through groundwater before reaching waters of the United States. EPA may pursue a future rulemaking action to provide greater regulatory certainty concerning discharges subject to the NPDES permit program. This draft guidance document does not have the force and effect of law and it does not bind the public in any way. By issuing this draft guidance memorandum, the Agency intends only to provide clarity to the public regarding existing requirements under the law or Agency policies. Comments must be received on or before Jan. 11, 2021.
Draft compliance guide for imported articles containing surface coatings subject to the long-chain perfluoroalkyl carboxylate and perfluoroalkyl sulfonate chemical substances significant new use rule: The Environmental Protection Agency (EPA) is announcing the availability of and soliciting public comment on the draft compliance guide for the significant new uses EPA identified under the Toxic Substances Control Act (TSCA) for the import of articles with certain long-chain perfluoroalkyl carboxylate (LCPFAC) chemicals as part of the surface coating, as established by EPA’s final rule ‘‘Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule.’’ Specifically, the guide provides additional clarity on what is meant by a ‘‘surface coating,’’ identifies which entities are regulated, describes the activities that are required or prohibited, and summarizes the notification requirements of the final significant new use rule (SNUR). Comments must be received on or before Jan. 15, 2021.
Interim PFAS destruction and disposal guidance and notice of availability for public comment: The National Defense Authorization Act for Fiscal Year 2020 (FY 2020 NDAA) directs the U.S. Environmental Protection Agency (EPA) to publish interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and materials containing PFAS. EPA is releasing the interim guidance for public comment. The guidance provides information on technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials. It also identifies needed and ongoing research and development activities related to destruction and disposal technologies, which may inform future guidance. Comments must be received on or Feb. 22, 2021.