Public Comment Period for DER-41–Financial Assurance Is Open!
The New York State Department of Environmental Conservation, Division of Environmental Remediation (DER) is issuing a proposed policy, DER-41–Financial Assurance (FA). This proposed guidance will assist with the State Superfund (SSF) Program and the Brownfield Cleanup...
NYSDEC Now Requiring Groundwater Protection for Mulch and Compost Processing Facilities
The New York State Department of Environmental Conservation (NYSDEC) now requires registered and permitted mulch (greater than 10,000 cubic yards storage) and compost (greater than 3,000 cubic yards per year) processing facilities located in Nassau and Suffolk...
NYSDEC Releases Revised Petroleum and Chemical Bulk Storage Regulations
The New York State Department of Environmental Conservation (DEC) announced it adopted revised petroleum bulk storage (PBS) and chemical bulk storage (CBS) regulations in June 2023. The primary goal of these revisions is to make the language between existing federal...
EPA Proposes Ban on Most Uses of PCE
The United States Environmental Protection Agency (EPA) is proposing to address the unreasonable risk of human health impacts presented by tetrachloroethylene (aka perchloroethylene, or PCE) under its conditions of use. The proposed ban is based on EPA's December 2020...
New York State Begins Ban on Natural Gas
The New York Legislature recently approved a new $229 billion state budget. This budget includes provisions which will ban the installation of natural gas utilities, equipment, and appliances during the construction of most new buildings. The ban includes gas stoves,...
Supreme Court Limits EPA’s Authority to Regulate Wetlands
On May 25, 2023, the Supreme Court handed down a ruling to Idaho property owners that will affect the United States as a whole, with the potential to limit the United States Environmental Protection Agency’s (EPA) ability to regulate certain wetlands under the...
US EPA Proposes Prohibition on Methylene Chloride Use
On May 3, 2023, the Environmental Protection Agency (EPA) sent out a Federal Register notice regarding a proposed rule to prohibit the use of methylene chloride due to its unreasonable risk of injury to human health. These identified risks were addressed under the...
NYSDEC Extends Deadline Again for New Part 360 Solid Waste Management Facility Regulatory Compliance
The New York State Department of Environmental Conservation (NYSDEC) has extended the deadline for Solid Waste Management Facilities (SWMF) in New York State to comply with certain provisions of the NYSDEC Part 360 series regulations, effective November 4, 2017. The...
PFAS: EPA and NYSDEC Regulatory Updates
EPA Proposed PFAS National Drinking Water Regulation On March 14, 2023, the Environmental Protection Agency (EPA) proposed a National Primary Drinking Water Regulation (NPDWR) to establish Maximum Contaminant Levels (MCLs) for six per- and polyfluoroalkyl substances...
OSHA Releases Guidance on Enhanced “Instance-by-Instance Citations”
On January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued what they stated was: “…new enforcement guidance to make its penalties more effective in stopping employers from repeatedly exposing workers to life-threatening hazards or failing to...