Regulatory Updates


United States
PFOA / PFOS Hazardous Substance Designation Takes Effect

Monday, July 8, 2024 was the effective date of EPA’s May 2024 Ruling designating PFOA and PFOS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers, as hazardous substances under the Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act-CERCLA).

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United States
EPA Announces Two Long-Awaited Rulings for PFAS Chemicals

EPA forged ahead with actions under the PFAS Strategic Road Map announcing in April 2024 two long-awaited final rulings with far reaching implications.

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United States
EPA Announces Final Ruling on Federal Drinking Water MCLs for Common PFAS Chemicals

In April 2024, the U.S. Environmental Protection Agency (EPA) announced their final ruling solidifying Federal Drinking Water Maximum Contaminant Levels (MCLs) for common PFAS chemicals.

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United States
EPA Updated Interim Guidance on the Destruction & Disposal of PFAS Substances & Materials – Version 2

In April 2024, U.S. Environmental Protection Agency issued an update to the Interim Guidance on the Destruction and Disposal (D&D) of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS).

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New York
NYS DOH Soil Vapor Intrusion Guidance Updates

In February 2024, the New York State Department of Health (DOH) updated its 2006 “Guidance for Evaluating Soil Vapor Intrusion in the State of New York” without providing advanced notice or an accompanying fact sheet.

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New Jersey
NJDEP Inland Flood Protection Rule Adoption

The Inland Flood Protection Rules were readopted on July 17, 2023 to address recent flooding in New Jersey as part of a regulatory reform effort known as NJ PACT (New Jersey Protecting Against Climate Threats).

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New York
NJEDA Brownfields Redevelopment Incentive Program

On April 21, 2023, New Jersey adopted the New Jersey Economic Development Authority (NJEDA) Brownfields Redevelopment Incentive Program rules.

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United States
Waters of the United States (Sackett V. EPA)

On May 25, 2023, the U.S. Supreme Court issued its decision in the case Sackett v. U.S. Environmental Protection Agency (EPA).

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New York
Pedestrian Ramp Program and Its Impact on Builders Pavement Plans

In 2019, the New York City Department of Transportation (DOT) established the Pedestrian Ramp Program Unit (PRU) in response to a settlement agreement. 

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New York
Site Demolition Timing May Lead to Additional Stormwater Design Requirements

Historically, many NYC land development projects begin with the demolition of buildings and hardscapes before the design and permitting of new buildings.

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New Jersey
NJ Highlands Council Releases Warehousing Policy Standards

On April 28, 2023, the New Jersey Highlands Council adopted policy standards that ban new warehouses in the Highlands Preservation Area and Highlands Protection and Conservation Zones.

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California
CA DTSC Publishes Sea Level Rise Guidance for Cleanup Activities

The California Department of Toxic Substances Control (DTSC) published Sea Level Rise Guidance to DTSC Project Managers for Cleanup Activities (Draft Final) in February 2023, mandating DTSC project managers to consider sea level rise (SLR) during hazardous substance and hazardous waste cleanup.

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United States
EPA Recognizes ASTM International E1527-21 Standard Practice as Satisfying “All Appropriate Inquiries” Rule

On December 15, 2022, the United States Environmental Protection Agency (EPA) published final rulemaking (effective February 13, 2023) recognizing ASTM International E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” as satisfying 40 CFR Part 312 “All Appropriate Inquiries” (AAI) Rule.

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New Jersey
NJDEP Inland Flood Protection Rule Proposal – 2022

As identified at NJDEP’s Division of Land Resource Protection engagement sessions held on October 19th and 20th, the emergency rule adoption that was contemplated earlier this year to reform the flood hazard and state stormwater management rules will be published as a regular rule proposal in the 4th quarter of 2022.

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New Jersey
NJDEP to Publish Interim Soil Remediation Standards (SRS) for Four Per- and Polyfluoroalkyl Substances

During the October 11, 2022 Site Remediation Advisory Group meeting, the New Jersey Department of Environmental Protection (NJDEP) presented on its intent to publish interim SRS for four PFAS compounds, perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HFPO-DA or GenX).

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United States
Council on Environmental Quality Updates NEPA Regulations

On April 20, 2022, The Council on Environmental Quality (CEQ) published a final rule completing Phase 1 of rulemaking to revise provisions of the National Environmental Policy Act (NEPA). These new rules become effective May 20, 2022.

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Pennsylvania
PA Publishes Guidance on Vanadium Affecting Fill Management

On February 26, 2022, the Pennsylvania Department of Environmental Protection (PADEP) published a new Interim Final technical guidance document (TGD): Utilizing Published Data in Performing a Background Demonstration and Equivalent Site Evaluation for Naturally Occurring Vanadium.

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United States
U.S. Army Corps of Engineers Re-Issues Nationwide Permits

The U.S. Army Corps of Engineers (USACE) has published a final rule for reissuance of the remaining 40 Nationwide Permits (NWP) and the issuance of 1 new NWP, which authorizes work in streams, wetlands, and other waters of the U.S. under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

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California
CA DTSC’s Office of Brownfields ECRG Program

The California Department of Toxic Substances Control’s (DTSC) Office of Brownfields’ Equitable Communities Revitalization Grant (ECRG) launched January 31, 2022.

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United States
ASTM International Published E1527-21 Standard Practice for ESAs

ASTM International published E1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process on November 16, 2021.

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United States
Pennsylvania Updates Cleanup Standards, Including PFAS Compounds

On November 20, 2021, the Pennsylvania Department of Environmental Protection (PADEP) published updates to the regulations for the administration of the Land Recycling and Environmental Remediation Standards Act, known as Act 2. 

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United States
What to Expect from the Revised ASTM Phase I ESA Standard

The publication of the revised ASTM E1527 Standard Practice on Phase I Environmental Site Assessments (ESAs) is fast approaching.

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New York
NYC DEP Unified Stormwater Rule

The Unified Stormwater Rule will soon change requirements for how stormwater is managed on new construction and redevelopment properties in NYC.

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United States
USACE Halts Implementation of 2020 Navigable Waters Protection Rule

On August 30, 2021, the U.S. District Court of Arizona issued an order vacating and remanding the Navigable Waters Protection Rule. 

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California
Department of Toxic Substances Control (DTSC) Grants for Vulnerable Communities

On August 3, Governor Newsom signed Senate Bill 158 into law. This bill appropriates $500 million for DTSC to investigate and clean up more of the 150,000 to 200,000 contaminated properties in California and revitalize communities suffering from environmental justice issues by recycling land to make it available for beneficial reuse.

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New Jersey
USACE Reissuing/Modifying 12 Nationwide Permits and Issuing 4 New Nationwide Permits

Nationwide Permits (NWP) authorize work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.

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New Jersey
Permit Extension Act of 2020 – September 2020 Update

On September 8, 2020, the NJDEP issued a public notice regarding the Permit Extension Act of 2020 (PEA), which extends the term of numerous government permits and approvals in effect on March 9, 2020. 

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New Jersey
NJDEP Adopts Major Amendments to the State Stormwater Management Rules

The New Jersey Department of Environmental Protection (NJDEP) adopted major amendments to the Stormwater Management Rules (SWMR) at N.J.A.C. 7:8 on March 2, 2020.

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California
San Francisco Bay Regional Water Board Publishes Interim Final ESLs for PFAS

The San Francisco Bay Regional Water Quality Control Board (Regional Water Board) Toxics Cleanup Division has published interim final ESLs as guidance screening levels for two PFAS: Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoate (PFOA).

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New Jersey
Governor Murphy Signed into Law the Permit Extension Act of 2020

On July 1, 2020, Governor Murphy signed into law the Permit Extension Act of 2020 (“PEA”). This law applies to State permits in existence during the period in which the COVID-19 public health emergency is in effect and extends permits for an additional six months.

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United States
US EPA Adds Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) List

The US Environmental Protection Agency (EPA) has added PFAS to the TRI Reporting List. This rule became effective on January 1, 2020. The first TRI Report requiring the addition of PFAS is due on July 1, 2021.

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New Jersey
NJDEP Issues NJ Site Remediation Program Timeframe Extensions Due to COVID-19

The New Jersey Department of Environmental Protection (NJDEP) issued a Compliance Alert addressing any environmental law, rule, regulation, permit or approval by the DEP that may be constrained by circumstances surrounding the COVID-19 Pandemic.

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New Jersey
NJDEP Proposes Substantial Amendments to Remediation Standards

On April 6, 2020, NJDEP proposed long-expected amendments and revisions to cleanup standards applied to remediation sites in New Jersey (N.J.A.C. 7:26D).

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United States
US EPA Publishes Final Navigable Waters Protection Rule

The US Environmental Protection Agency (USEPA) has published the final Navigable Waters Protection Rule redefining “waters of the United States,” which are federally regulated under the Clean Water Act.

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United States
US EPA Finalizes the Navigable Waters Protection Rule

The U.S. Environmental Protection Agency (US EPA) has recently finalized the Navigable Waters Protection Rule, redefining “waters of the United States,” which are federally regulated under the Clean Water Act. 

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Pennsylvania
PADEP Revises Management of Fill Policy

On November 2, 2019, the Pennsylvania Department of Environmental Protection (PADEP) released a revised Management of Fill Policy that will be effective January 1, 2020 and pertains to fill material characterized and / or moved off-site after that date.

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United States
EPA Released Its PFAS Action Plan – But States Chart Their Own Course

On February 14, 2019, the United States Environmental Protection Agency (EPA) announced the release of its per-and polyfluoroalkyl substances (PFAS) Action Plan. 

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New York
Indoor Allergen Hazards (Mold and Pests) Local Law No. 55 is Now in Effect

Property owners, managers, facilities and maintenance personnel, architects, engineers, and all others involved in the management and maintenance of a New York City property, including multi-dwelling units, are now required to comply with Local Law No. 55, which went into effect on January 18, 2019.

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Pennsylvania
PADEP Updated Act 2 Technical Guidance Manual Released

The Pennsylvania Department of Environmental Protection (PADEP) released its long-anticipated updated Technical Guidance Manual (TGM) for the Land Recycling Program (also known as Act 2) on January 19, 2019.

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New York
Transportation Data Collection Moratorium Goes into Effect for NYC

Effective November 17, 2018, a transportation data collection moratorium will go into effect for New York City’s five boroughs.

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New York
NYSDEC Adopts Revisions to State Environmental Quality Review Regulations

The New York State Department of Environmental Conservation (DEC) adopted a rulemaking change to the State Environmental Quality Review (SEQR) regulations.

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New York
Stationary Engines in New York City Must Now Meet the USEPA’s Most Stringent Emission Standards

New York City regulations now require that stationary diesel engines meet the USEPA’s Tier 4 emission standards. Property owners, facility managers, and operators must ensure that their engines comply with these stringent emission standards.

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New Jersey
NJDEP Adopts Revisions to the Freshwater Wetlands Protection Act Rules

The New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR) adopted revisions to the Freshwater Wetlands Protection Act (FWPA) Rules (N.J.A.C. 7:7A) on December 18, 2017.

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New Jersey
Changes to NJDEP’s Soil Remediation Standards: Important Opportunities and Challenges to Evaluate

The New Jersey Department of Environmental Protection (NJDEP) has adopted amendments to the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Coastal Zone Management Rules (N.J.A.C. 7:7) and Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A), effective July 17, 2017.

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Connecticut
Connecticut Legislation Affecting Subsurface Sewage Disposal System Jurisdiction

Public Act No. 17-146, Section 30 modifies Subsection (g) of CT General Statute Sec. 22a-430 raising the subsurface sewage disposal system (SSDS) site jurisdictional limit from 5,000 gallons per day (gpd) up to 7,500 gpd, effective July 1, 2017.

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New Jersey
NJDEP Adopts Amended Land Use Regulations

The New Jersey Department of Environmental Protection (NJDEP) has adopted amendments to the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Coastal Zone Management Rules (N.J.A.C. 7:7) and Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A), effective July 17, 2017.

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New Jersey
NJDEP Issues Proposed Revision to the Freshwater Wetlands Protection Act Rules

The New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR) issued proposed revisions to the Freshwater Wetlands Protection Act Rules (FWPA) (N.J.A.C. 7:7A) on May 1, 2017.

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National
U.S. Army Corps of Engineers Reissues Nationwide Permits

The U.S. Army Corps of Engineers (USACE) has published a final rule for the reissuance of existing nationwide permits (NWP) with some minor modifications and issuance of two new NWPs.

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San Jose, CA
San Jose Extends Downtown High-Rise Incentives

The San Jose City Council unanimously approved an extension of the Downtown High-Rise Incentive Program last month.

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New Jersey
NJDEP Water Quality Management Planning Rule Adopted

The New Jersey Department of Environmental Protection (NJDEP) Office of Water Resources Management Coordination adopted new Water Quality Management Planning (WQMP) rules (N.J.A.C. 7:15) on November 7.

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Pennsylvania
PADEP Updated Vapor Intrusion Guidance Released

The Pennsylvania Department of Environmental Protection (PADEP) released updated Vapor Intrusion Guidance on Saturday, November 19, which will become effective on January 18, 2017.

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Pennsylvania
PADEP Reissues the PAG-03 Industrial Stormwater NPDES General Permit

The Pennsylvania Department of Environmental Protection (PADEP) reissued the PAG-03 General Permit on September 24, 2016 for a new 5-year term.

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Ohio
Ohio Brownfield Funding Update – Application Period for the 3rd Round of Abandoned Gas Station Cleanup Grant Funding to Open January 2017

Are you aware of an abandoned gas station property in Ohio that is vacant, but ideal for redevelopment? The property could be eligible to receive funding through the Ohio Development Services Agency (ODSA).

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North Dakota
North Dakota Brine Spill Guidelines and Remediation Resources Released by NDDOH and EERC

North Dakota Department of Health (NDDoH) and Environmental Health Section Division of Water Quality has released Guidelines for the Assessment and Cleanup of Saltwater Releases.

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New Jersey
New Jersey Re-Adopts Flood Hazard Area Control Act Rules

On June 20th, the NJDEP adopted the June 2015 Flood Hazard Area Control Act (FHACA) Rule proposal without substantial changes.

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Pennsylvania
RACT 2: Upcoming Compliance Deadlines for New Emission Control Requirements in Pennsylvania

The Pennsylvania Department of Environmental Protection (DEP) recently finalized new rules that will impact at least 192 Pennsylvania facilities that are major sources of either oxides of nitrogen (NOx) or volatile organic compound (VOC) emissions.

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San Francisco Bay Area, CA
Environmental Screening Levels (ESLs) Update Published by California Regional Water Quality Control Board

The California Regional Water Quality Control Board – San Francisco Bay Region recently published its 2016 update of the Environmental Screening Levels (ESLs).

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