Focus
U.S. EPA directive instructs regions to evaluate impact of COVID-19 on site clean-ups on a case-by-case basis
EPA – April 10
The U.S. Environmental Protection Agency (EPA) today issued guidance to its eleven regional offices directing them to evaluate, on a case-by-case basis, the impact of COVID-19 on cleanup and emergency response sites where the EPA is the lead agency or has direct oversight of or responsibility for the work performed. The guidance memorandum instructs that delays, suspensions, or rescheduling will more likely be considered for sites where workers have tested positive for COVID-19, where there may be close interaction with high risk or quarantined groups, where workers are subject to state or local travel restrictions or quarantine, where social distancing is not possible, and where site conditions are stable. However, the memorandum also instructs the regions to consider whether suspension of investigation or remedial work would pose a threat to public health and welfare or the environment, and in particular whether continuing response actions, such as vapor intrusion investigations, residential cleanup work where occupants are currently exposed, and protection of drinking water, would lead to a reduction in human health risk and exposures over the ensuing six months. The memorandum notes that decisions to extend or pause work obligations due to COVID-19 do not, by themselves, supersede or amend enforcement instruments such as consent decrees or administrative orders; rather, EPA will require parties to invoke applicable provisions in those instruments, such as force majeure clauses and procedures for adjustment of schedules at the discretion of EPA project managers.
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News
Federal court strikes down EPA’s suspension of HFC rule
The Hill – April 7
The U.S. Court of Appeals for the District of Columbia Circuit this Tuesday struck down the U.S. Environmental Protection Agency (EPA)’s 2018 suspension of a rule restricting the use of hydrofluorocarbons (HFCs) in appliances. After the court ruled in 2017 that part of the rule was too far-reaching, the EPA suspended the entire rule without giving the public an opportunity to weigh in. In its latest decision, the court determined that the suspension constituted a “legislative” rule that EPA could not adopt without public notice and comment, and reversed the EPA’s 2018 action.
California issuing hydraulic fracturing permits again after 9-month pause
KQED – April 7
For the first time since last summer, state oil and gas regulators granted permits for hydraulic fracturing, the drilling technique also known as “fracking.” The California Geologic Energy Management Division (CalGEM) last week issued permits to Aera Energy, a joint venture of Shell and ExxonMobil, for “well stimulation” work in two Kern County oil fields. The permits come five months after the Department of Conservation, which oversees CalGEM, asked the Lawrence Livermore National Laboratory to conduct an independent review of its pending well stimulation permits. State officials say Lawrence Livermore experts established a more robust process for reviewing permit applications and are requiring oil and gas producers to provide more detailed technical disclosures about their fracking plans. The lab is now working through 282 other permit applications, according to a Department of Conservation spokesperson.
Mountain lions prevail in court, retain potential freeway crossing area
Long Beach Press-Telegram – April 6
Riverside County Superior Court Judge Daniel Ottolia blocked the proposed 1,750-home Altair development in Temecula, ruling last Friday that the 270-acre proposal does not adequately address the habitat of mountain lions and other wildlife in the area. A lawsuit by various environmental groups challenging the project also cited concerns that the proposal would threaten the rare western pond turtle and the endangered San Diego ambrosia.
Dozens of agricultural industry groups ask Governor Newsom for regulatory pause during pandemic
AgNet West – April 6
Nearly 40 industry groups representing various agricultural commodities are asking for a regulatory pause as California addresses issues related to COVID-19. In a letter addressed to Governor Gavin Newsom, the groups highlight a concern that multiple state agencies are advancing the regulatory process without adequate input from stakeholders. One of the letter’s signatories, the president of Western Agricultural Processors Association, said that teleconferencing is not an appropriate method for state agencies to receive public feedback and comments. Townhalls and community meetings, which have historically been a critical aspect of the regulatory process, have all been canceled with California under a shelter in place order.
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