Winston’s Environmental Law Update

On November 30, 2020, the EPA issued a memorandum detailing an interim National Pollutant Discharge Elimination System (NPDES) permitting strategy for addressing per- and polyfluoroalkyl substances (PFAS) in wastewater and stormwater permits. The memorandum outlines the most recent recommendations from the PFAS NPDES Regional Coordinators Committee.

Last week, the Environmental Working Group, an environmental watchdog group, published a list of over 2,500 facilities that it claims are “likely” releasing per- and polyfluoroalkyl substances into the environment. A review of the information used to populate the list, however, reveals that the hyperbolic headline is not based on verifiable data.

On January 11, 2017, EPA released a proposed rule entitled Financial Responsibility Requirements under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry. The proposed rule would impose financial responsibility requirements on owners and operators of hardrock mining facilities, along with various recordkeeping and notification requirements. If finalized as proposed, the rule would apply to in-situ uranium mines, as it specifically references in-situ solution mining and extraction of mineral-bearing groundwater brines. The rule has been a long time in the making, but the benefits are far from clear—particularly in light of the potentially significant costs.