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The US Army Corps of Engineers (USACE) has issued a notice of proposed rulemaking for Nationwide Permits (NWPs). Many of our clients use Nationwide Permits as a more streamlined way to obtain coverage under Section 404 of the Clean Water Act. Full details of the notice are contained here. However, some of the specific changes upon which the USACE is requesting comment are:
- How the changes to the definition of “Waters of the US” might affect the applicability and efficiency of the proposed NWPs;
- Potential changes in acreage and linear foot limits imposed on NWPs 12, 14, 21, 29, 39, 42, 43, 44, 50, 51 and 52.
- Clarifications to NWP general condition 18, which deals with endangered species and the consultation practice surrounding that permit condition.
- Information on regional conditions to NWPs.
- Whether to develop a separate notice in which the USACE will develop a standard form for Pre-Construction Notification (PCN).
- Potential changes in PCN thresholds on NWPs that require pre-construction notification.
Comments are due on August 1, 2016. Information on how to submit comments can be found in the Federal Register notice, which is linked above.
A local company engaged in manufacturing imported a small amount of a chemical substance defined under TSCA. Faced with a potential EPA enforcement action with penalties assessed for noncompliance under TSCA of up to $32,500 per day per violation, the company called SMG for help.
SMG analyzed the company’s current TSCA procedures and assisted the company in developing a proactive, cost-effective compliance procedure. SMG also facilitated a training program to educate employees about TSCA.
SMG worked with the company to develop mechanisms that assured adherence with the policies that were being implemented for compliance. Procedures to promptly correct any potential violations and prevent future violations were also put into place.
SMG was able to show that the company complied with the relevant TSCA regulations and was improving their TSCA policies and procedures to assure that future issues were less likely to occur. The company was not subjected to the proposed penalties and now has mechanisms in place to maintain TSCA compliance.