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The US EPA Declines to Adopt New Hazardous Substance Discharge Regulations

In the September 3, 2019 Federal Register, the Environmental Protection Agency (EPA) announced that in a final agency action, EPA would not amend its hazardous substance discharge regulations promulgated under section 311 of the Clean Water Act. EPA believes that existing state and federal regulations adequately address these hazardous substance discharges.  The action came as a result of a consent decree between EPA and environmental litigants that claimed EPA failed to issue regulations to prevent and contain discharges of hazardous substances from non-transportation-related onshore facilities, including aboveground storage tanks. The consent decree required EPA to take a final action after notice and comment on a proposed rulemaking addressing these discharges. This action is published as a result of the rulemaking required by the consent decree and is effective October 3, 2019. Source: 84 FR 46100  

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