uced in Congress that has yet to become law. As recently, as July 18, 2023, the Plastic Pellet Free Waters Act, was once again introduced in the U.S. Senate, which would require the EPA “to prohibit the discharge of plastic pellets and other pre-production plastic into waterways from facilities and sources that make, use, package, or transport pellets”.EPA Non-Enforcement of Regulations under the federal Clean Water Act (“CWA”)Anti-nurdle pollution advocates argue that the CWA already provides the means for the EPA to address nurdle production and nurdle pollution in United States waterways. However, as nurdles aren’t federally classified as pollutants or hazardous materials, no federal agency in the United States is responsible for nurdle spill prevention or cleanup in waterways. Non-governmental organizations are challenging EPA’s approach to addressing nurdle prevention and pollution.On January 31, 2023, in a Federal Register notice, the Environmental Protection Agency published at 88 Fed. Reg. 6258, titled “Effluent Guidelines Program Plan 15”, in which it decided that that revision of the effluent limitations, effluent limitation guidelines, standards of performance for new sources, and promulgation of pretreatment standards for seven industrial point source categories, was not appropriate at this time. Two of the industrial point source categories are Organic Chemicals, Plastics, and Synthetic Fibers (“OCPSF”), 40 C.F.R. Part 414 (with the exception of per-and polyfluoroalkyl substances (“PFAS”) discharged from PFAS manufacturing facilities) and Plastics Molding and Forming, 40 C.F.R. Part 463 for which effluent limitations, effluent limitations guidelines and pretreatment standards have not been revised in over three decades.On April 11, 2023, 12 non-governmental organizations (“Petitioners”), which work to protect waters of the United States, filed a petition in the United States Court of Appeals for the Ninth Circuit for review of the final actions by the EPA and EPA Admini

for a new and revised Effluent Program Plan after public review and comment.Plan 15 addresses:EPA’s annual review of effluent guidelines and pretreatment standardsPresents EPA’s preliminary review of certain specific point source categoriesProvides an update on the analyses and tools being developed related to effluent limitation guidelines and pretreatment standardsSection 301(b) of the Clean Water Act authorizes EPA to promulgate national categorical standards or limits to restrict discharges of pollutants on an industry-by-industry basis. Such effluent limits are derived from research regarding pollution control technology used in the industry. EPA’s development of categorical limits is an ongoing process. Existing categorical standards are assessed to determine if revisions are warranted. For example, the motivation for a change to an existing standard may be the need to incorporate evolving technological developments.The Waterkeeper Petition cites EPA’s Federal Register Notice at 88 Fed. Reg. 6258 (Jan. 31, 2023) titled “Effluent Guidelines Program Plan 15.” It is alleged that EPA’s decision not to revise the previously referenced industrial point source categories in Plan 15 is arbitrary, capricious, and an abuse of discretion or otherwise not in accordance with law. They argue EPA was required to:Revise the effluent limitationsRevise the effluent limitation guidelinesRevise the standards of performance for new sourcesRevise the pretreatment standardsA copy of the Petition can be downloaded here.

rove requirements for outreach to inform the public about RMP facility hazards and emergency response plans before and during incidental releases and require that this information be made available in multiple languages. To foster information access and transparency, EPA should maintain a publicly accessible RMP database and commit to delivering that database on the fastest possible timeline.EPA Announces Plans For Wastewater Regulations And Studies, Including Limits For PFAS And A New Study For Nutrients: On January 31, 2023, EPA announced the release of its Effluent Guidelines Program Plan 15 (Plan 15), which discusses EPA’s 2021 annual review of effluent limitations guidelines and pretreatment standards, presents the Agency’s preliminary review of certain specific point source categories, provides an update on the analyses and tools that EPA is developing related to effluent limitations guidelines and pretreatment standards, and discusses several new and ongoing rulemaking actions. 88 Fed. Reg. 6258. According to EPA’s January 20, 2023, press release, Plan 15 focuses on evaluating the extent and nature of both nutrient and PFAS discharges. EPA states that Plan 15 announces its determination that revised effluent limitations guidelines and pretreatment standards (ELG) are warranted for reducing PFAS in leachate discharges from landfills. EPA also announced several new and expanded studies, including:An expansion of the ongoing study of PFAS discharges from textile manufacturers;A new study of publicly owned treatment works (POTW) influents to characterize the PFAS concentrations from industrial dischargers to POTWs and inform implementation of pretreatment programs to address them; andA new study on concentrated animal feeding operations (CAFO) to make an informed, reasoned decision on whether to undertake rulemaking to revise the ELGs for CAFOs.EPA Excludes HFO-1336mzz(E) From Regulatory Definition Of VOC: On February 8, 2023, EPA published a final rule that revises EPA’s regulat