California Environmental Law & Policy Update 4.19.24

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EPA designates 2 PFAS compounds as hazardous substances

Bullet Associated Press – April 19

The U.S. Environmental Protection Agency (EPA) today designated two types of per- and polyfluoroalkyl substances (PFAS) that have been used in cookware, carpets, and firefighting foams as hazardous substances, an action intended to ensure quicker cleanup of the toxic compounds and require industries and others responsible for contamination to pay for its removal. Designation as a hazardous substance under the Superfund law does not ban the chemicals, known as PFOA and PFOS, but it requires that releases of the chemicals into soil or water be reported to federal, state, or tribal officials if they meet or exceed certain levels. EPA then may require cleanups to protect public health and recover costs that can reach tens of millions of dollars. PFOA and PFOS have been voluntarily phased out by U.S. manufacturers but are still in limited use and remain in the environment because they do not degrade over time.


News

EPA announces first-ever national standard limiting PFAS in drinking water

Bullet ABC News – April 10

EPA on April 10 announced a new rule mandating the first-ever national standard for the presence of per- and polyfluoroalkyl substances, or PFAS, in drinking water. The new standard limits six types of PFAS compounds found in drinking water -- a move EPA says will protect about 100 million people from exposure. PFAS are a ubiquitous group of chemicals found in a host of industrial and personal products, including fire extinguishing foam, food packaging, and dental floss, according to EPA. Under the rule, water systems will have three years to monitor for these chemicals and an additional two years to implement new technologies to reduce PFAS levels.


California adopts new cap on chromium-6 in drinking water

Bullet Courthouse News Service – April 17

The State Water Resources Control Board voted on April 17 to limit the allowed amount of hexavalent chromium (aka “chromium-6”) in treated water to 10 parts per billion. The Board said that the new limit is designed to reduce the number of Californians exposed to the chemical by one-fifth. Chromium-6 is an odorless and tasteless heavy metal that may be found in groundwater, either from natural causes or following improper disposal of contaminated waste at industrial sites. Numerous studies have linked long-term exposure to the chemical to a risk of cancer when ingested. The new limitation on the chemical must be finalized by the Office of Administrative Law, likely by Oct. 1.


California farming area placed on probation over declining groundwater and sinking land

Bullet Los Angeles Times – April 17

For the first time, California water regulators are cracking down on one of the state’s major farming regions for failing to take steps to curb growers’ excessive groundwater pumping, which has sent water levels into rapid decline and is causing the land to sink. The State Water Resources Control Board voted unanimously on April 16 to place the Tulare Lake basin on “probationary” status for failing to adopt sufficient measures to address chronic overpumping. This is the first time California officials have used their authority to intervene in a community to force stronger measures to rein in the depletion of groundwater as required under the Sustainable Groundwater Management Act, known as SGMA.


Federal court upholds California’s vehicle pollution rules

Bullet San Francisco Chronicle – April 9

Rejecting arguments by fuel companies and Republican-led states, a federal appeals court ruled on April 9 that California can set tougher standards for motor vehicle emissions than other states to limit greenhouse gas emissions and global warming. The ruling by the U.S. Court of Appeals in Washington, D.C., upheld a decision in 2022 by EPA to restore California’s authority to set emissions limits for cars and trucks, which had been repealed by EPA under the Trump administration in 2019. California’s rules, which the court upheld, require manufacturers to reduce carbon dioxide emissions from vehicles by 34% between 2017 and 2025 and require at least 15% of new vehicles sold in the state to be electric powered by 2025.


EPA releases interim PFAS guidance

Bullet Waste Today – April 11

EPA has released updated guidance on destroying and disposing of PFAS chemicals as part of its PFAS Strategic Roadmap. The agency’s guidelines reflect the latest, best available science to help managers of PFAS waste evaluate the most appropriate methods to destroy, dispose of, or store these compounds. The guidance also describes new EPA test methods and improved screening tools to identify and prioritize safeguards for communities located near destruction and disposal facilities.


Chiquita Canyon Landfill in Castaic hit with state violation for dumping leachate

Bullet Los Angeles Daily News – April 15

The troubled Chiquita Canyon Landfill in Castaic has received a new violation from a state water agency for pumping untreated leachate water from the landfill into local waterways that empty into the Santa Clara River. The Los Angeles Regional Water Quality Control Board sent a violation letter dated April 9 to the landfill operators, raising concerns that the landfill’s wastewater may reach groundwater sources fed by the river and used for drinking water.


New EPA rules for about 200 U.S. chemical manufacturers take aim at ‘cancer alleys’

Bullet CNN – April 9

EPA issued new rules on April 9 to protect neighborhoods near more than 200 manufacturing facilities that release airborne toxins such as ethylene oxide, chloroprene, benzene, vinyl chloride, 1,3 butadiene, and ethylene dichloride. The new rules cut the amounts of hazardous pollutants these factories will be allowed to release by about 6,200 pounds and substantially reduce the cancer risks from hazardous airborne pollutants. The rules will also require air monitoring at the perimeter or fenceline of certain manufacturing facilities.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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