The Environmental Protection Agency (EPA) has the legal authority to draft regulations to protect the public against certain harms. The EPA has recently been active in its regulatory efforts to address Contaminants of Emerging Concern (“CEC”). The EPA’s role and authorities in this area are mandated by the Clean Water Act. The EPA proactively protects people before more serious harm can be done. The agency continues to make new rules that often have bipartisan support, so businesses need to keep abreast of these rules and prepare to comply with them as necessary. A San Diego water law attorney can assist businesses in understanding any new legal requirements that apply and work to help them in their compliance efforts.
CECs are a much larger part of the public regulatory debate in light of all the media attention focused on PFAS chemicals, and you expect further changes in rules and regulations.
What Are CECs?
CECs are contaminants that may affect the safety of the drinking water supply. CECs often contain endocrine disruptors that can have an adverse effect on human health. CECs may have been detected in groundwater or drinking water samples, but they are not yet fully regulated under federal law, either because the full impact is unknown or the government has yet to introduce regulations. CECs are substances suspected to be dangerous, but that require more research. Being designated as a CEC is often an interim step on the way to categorization as a more dangerous substance.
Numerous types of chemicals can make their way into the drinking water supply, whether in water runoff or even flushed by consumers down their toilets. Once groundwater, or a drinking water supply, is contaminated, it can be very difficult to remove the pollution. In the meantime, many people may suffer various illnesses from drinking and exposure to hazardous and tainted water. There may also be extensive cleanup costs involved, if the chemicals can even be entirely removed from the water supply at all.
CECs that can taint a water supply can include:
- PFAS chemicals (these are actually a large family of different substances)
- Personal care products
- Nanomaterials
- Industrial chemicals
- Emerging pathogens
How the EPA Is Addressing CECs
The Safe Water Drinking Act of 1996 requires that the EPA conduct a review every five years to determine whether there are new potential substances that should be considered as CECs.
One of the primary ways that the EPA may address CECs is through limitations on the number of permits issued for the discharge of pollutants. The EPA may also issue rules that regulate CECs and limit the amounts of certain CECs that may be found in a water supply.
The federal government has announced a recent commitment to acting to regulate CECs. Specifically, the EPA has the authority to issue rules regulating CECs after a notice and comment procedure. These rules are often considered controversial by many entities because they can affect many industries and impose new regulatory requirements. Compliance can be costly, and affected companies should always consult an environmental lawyer regarding new requirements.
An Example of Recent Regulations Regarding a Contaminant of Emerging Concern
The EPA has issued major new rules about a specific emerging contaminant that has garnered many headlines recently, specifically to limit PFAS chemicals in drinking water. PFAS chemicals are substances intended to be durable and known as “forever chemicals.” However, once PFAS substances are released into the environment or drinking supply, they remain for many years, and they are extremely difficult to remove. In fact, the EPA has focused much of its regulatory efforts on PFAS chemicals in the past year.
These new PFAS rules impose a limitation on the amount of PFAS in water and determine levels that justify enforcement action. The new rules include six different types of PFAS chemicals (PFAS is a broad family of many different chemicals).
Why You Need an Environmental Attorney
EPA rules mean potential penalties when a business does not comply with the specific terms and requirements of regulations. A regulation will contain an effective date once it has been finalized, so businesses usually have time to learn more about the new rule and prepare to comply with it. Environmental regulations are typically complex and not always easy to understand. An environmental lawyer can help your business understand how to interpret the rules and what is required when it comes to your company.
When there are new environmental rules, there is always a period of uncertainty as to how the agency will interpret them. In the past, agency regulations received some deference from the court since the agency was in the best position to interpret its own statute. Now that the “Chevron Deference” principle has been struck down by the Supreme Court, it creates even more uncertainty surrounding federal regulations. An environmental attorney can help your business handle a complex legal environment.
In addition, agency rules may get stayed or struck down by a court. Recently, many new federal rules have been challenged in court, and judges are increasingly siding with plaintiffs in striking down these rules as exceeding the agency’s authority. Accordingly, federal rules are always in a state of flux. For example, the new PFAS CEC rules may potentially be challenged in federal court. In addition, the coming change in presidential administrations may mean that many environmental rules that affect your business can be repealed or modified.
An Environmental Lawyer Has the Experience to Help Your Business Comply
It is essential that your business drafts policies and procedures to comply with any new EPA rules. If you are ever the subject of enforcement action by the government, your policies and procedures are among the first things the government will want to see. An environmental lawyer can help your business draft the necessary policies and procedures and ensure that they closely follow the regulations. If you are ever questioned by government regulators in connection with any rules, it is vitally important that you contact an environmental lawyer immediately.