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EPA Designates Two PFAS as Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,...more

DEP Proposes Substantive Changes to Administrative Rules

The Maine Department of Environmental Protection (DEP) has proposed sweeping and substantive changes to its Chapter 2 rules, which govern permit applications, appeals, permit modifications and suspensions, and other...more

EPA Finalizes PFAS Reporting Rule

The Environmental Protection Agency (EPA) today published in the Federal Register its final rule establishing reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances...more

EPA Proposes National Regulations for PFAS in Drinking Water

EPA has announced its first ever National Primary Drinking Water Regulation (NPDWR) proposal for six PFAS substances in drinking water. Importantly, EPA is proposing legally enforceable national standards, called Maximum...more

EPA and U.S. Army Corps Finalize Rule Establishing (For Now) Federal Authority Over Wetlands

On December 30, 2022, the U.S. Environmental Protection Agency (EPA), and U.S. Army Corps of Engineers (Corps) announced a joint final rule for the revised definition of the “waters of the United States” (WOTUS). The new rule...more

What Maine's Recent PFAS Crackdown Means For Companies

On June 15, 2022, the U.S. Environmental Protection Agency (EPA) issued four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS). It issued interim updated drinking water health advisories PFOA...more

Biden Administration Restores More Stringent Environmental Review under NEPA

The White House Council on Environmental Quality (CEQ) today published its final rule to amend three provisions of its National Environmental Policy Act (NEPA) regulations. The amendments largely are the same as the changes...more

EPA Approves Maine DEP Proposal to Opt Out of Ozone Transport Region

In a process that began under the LePage Administration, and then continued after revisions from the Mills Administration, the Environmental Protection Agency (EPA) has finally granted a petition from the Maine Department of...more

CEQ Moves to Reinstate Three Key NEPA Provisions Removed Under Trump Administration

The White House Council on Environmental Quality (CEQ) announced today that it is initiating a rulemaking to restore three important procedural provisions of the National Environmental Policy Act (NEPA) that will apply to...more

CEQ Overhauls Federal Environmental Review

The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, yesterday promulgated by publication in the Federal Register significant changes to its regulations implementing the National...more

EPA Finalizes Comprehensive Changes to its CWA Water Quality Certifications Rule

The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more

Maine PFAS Task Force Issues Report and Maine Legislature Considers Amending State's Superfund Law

Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more

PFAS Added to Toxic Release Inventory Reporting

At the end of 2019, President Trump signed into law the “PFAS Act of 2019” (contained in the National Defense Authorization Act), triggering reporting of a significant number of per- and polyfluoroalkyl substances (PFAS) for...more

NEPA Overhaul? CEQ Proposes Significant Changes to Federal Environmental Review

The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

2019 Summary of Key Environmental Legislation in Maine

Pierce Atwood’s Environmental and Land Use Practice Groups are pleased to provide a summary of key environmental legislation from the 129th Maine Legislature’s First Regular Session, which adjourned sine die, on June 20,...more

Maine DEP Establishes Aggressive Requirement for PFAS Testing in Biosolids

On Friday afternoon March 22, 2019, the Maine Department of Environmental Protection (DEP) announced in a memorandum to licensed facilities that land apply, compost, or process biosolids (i.e., wastewater treatment sludge)...more

Governor Mills Issues PFAS Executive Order; US EPA Issues Action Plan

Our late January client alert noted the numerous issues raised by the presence of Per- and Polyfluoroalkyl Substances (PFAS) and predicted more state and federal action. This alert provides an update on recent state and...more

PFAS -- What’s All The Fuss?

Recently, per- and polyfluoroalkyl substances (PFAS) have been the subject of much publicity, major ongoing litigation over alleged personal injury and property damage, and statutory and regulatory action....more

New Maine Remedial Action Guidelines (RAGs) Are Rich With Guidance

Mainers interested in the question “how clean is clean?” – not to mention the Maine Department of Environmental Protection (DEP) – heavily rely on the Maine Remedial Action Guidelines (RAGs) for Sites Contaminated with...more

DEP Proposes New Approach To Visible Emissions (Opacity) Regulation

The Maine Department of Environmental Protection (DEP) recently proposed extensive changes to its Visible Emissions Regulation (Chapter 101) that may impact a facility’s ability to remain in compliance....more

National e-Manifest System For Hazardous Waste Manifesting And Tracking To Launch On June 30

On Saturday, June 30, 2018, the U.S. Environmental Protection Agency (EPA) anticipates launching a new national system for tracking hazardous waste shipments electronically. Known as “e-Manifest,” this system is an attempt to...more

Maine Proposes To Opt Out Of The Ozone Transport Region

On June 27, 2018, the Maine Department of Environmental Protection (DEP) posted for public comment a draft petition to the U.S. Environmental Protection Agency (EPA) to remove most of the state from the Ozone Transport Region...more

DEP Proposes Limits On Industrial Solvent Cleaning Activities

Despite Maine’s attainment of the ozone standards, Volatile Organic Compound (VOC) control requirements keep coming. The Maine Department of Environmental Protection (DEP) has proposed a new regulation, Chapter 166, that...more

Citizen Group Petition Prompts DEP Rulemaking to Reduce Greenhouse Gas Emissions

On April 25, 2018 the Maine Department of Environmental Protection (DEP) initiated a rulemaking based on a citizen petition to adopt new rules establishing emissions standards and to modify ten existing rules governing...more

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