U.S. Transportation Secretary Sean P. Duffy recently released three sets of revisions to the Department’s National Environmental Policy Act (NEPA) implementing procedures. Originally set up in 1969, NEPA requires that the environmental effects of federal actions are assessed before decisions are made. These revisions cut USDOT’s NEPA procedures in half.These updates combine six separate sets of procedures into one unified USDOT Order, providing a one stop shop for USDOT NEPA reviews for most of USDOT’s Operating Administrations (OAs). Two other sets of revisions include the NEPA procedures for FAA, and the procedures used by FHWA, FRA, and FTA.
The Department released three specific updates to its NEPA implementing procedures: (1) Department-wide Order 5610.1D; (2) Joint FHWA, FRA, and FTA procedures, 23 CFR Part 771; and, (3) FAA’s Order 1050.1G.
Key changes by USDOT and the other agencies include enforceable deadlines and page limits for environmental studies, clarifying that NEPA only kicks in when agencies control a project’s environmental footprint, and streamlined “categorical exclusions” that exempt routine, low-impact actions from lengthy analysis. The measures will fast-track roads, bridges, broadband and energy installations.
The revisions across USDOT include the following reforms:
- Implement deadlines and page limits on environmental reviews required under recent amendments to NEPA.
- Provide clarification that NEPA does not apply to every action that a federal agency takes, but only to federal actions where the agency has sufficient control and discretion to take environmental effects into account.
- Ensure processes to create categorical exclusions (CEs) (the least burdensome class of action), adopt other agencies’ CEs to minimize repetitive NEPA analyses, and focus agency attention on actions with significant environmental effects.
USDOT’s NEPA implementing procedures were last revised in 1985.
Richard Zagger, 58, of Blue Point, New York, was sentenced yesterday to one year in prison and two years of supervised release after previously pleading guilty to a four-count indictment charging him with conspiracy and obstruction of official proceedings relating to an investigation into a fatal construction accident.Zagger was a supervisor for Northridge Construction Corporation, located in East Patchogue, Long Island, New York. As part of his duties, Zagger was responsible for overseeing Northridge employees who were assembling a metal shed on the construction company’s office property. During the assembly, one of the employees fell from the improperly secured shed roof and died.
OSHA investigated the employee’s death and identified several violations of worker safety standards, including the failure to maintain the stability of a metal structure at all times during construction. Additionally, Zagger made false statements and conspired with others to make false statements to obstruct OSHA’s investigation of the accident.
Northridge Construction Corporation was previously sentenced to pay a $100,000 fine and complete a five-year term of probation for violating a worker safety standard causing the death of an employee and making false statements during the subsequent investigation.
Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD) made the announcement.
Senior Trial Attorneys Daniel Dooher and Richard J. Powers and Trial Attorney Rachel Roberts of ENRD’s Environmental Crimes Section prosecuted the case.
The EPA approved two of the state of Louisiana’s clean air plans, known as State Implementation Plans (SIPs), addressing sulfur dioxide (SO2) pollution. The first approval applies to reducing emissions of SO2 Cabot Corporation’s Ville Platte carbon black plant in Evangeline Parish. EPA also approved the SIP for the interstate transport of SO2, known as the “good neighbor” provision of the Clean Air Act (CAA). Because the state submitted this revision in 2013, EPA’s approval also contributes to clearing the agency’s SIP backlog. “EPA is working hard to implement Administrator Zeldin’s priority of eliminating the backlog of SIPs, and today’s announcement gets us one step closer to that goal. EPA worked with the state of Louisiana to reach consensus on plans that will improve air quality and comply with all Clean Air Act requirements,” said Regional Administrator Scott Mason. “In the spirit of cooperative federalism, EPA will continue working with our state counterparts to develop approvable plans for reducing pollution.”
The Louisiana Department of Environmental Quality (LDEQ) worked extensively with Cabot to develop the emissions limits and controls in the plan, which are largely required by a 2013 consent decree between Cabot, the state, and EPA. Modeling by LDEQ that was verified by EPA shows the emissions reductions will bring Evangeline Parish into attainment with the CAA’s National Ambient Air Quality Standard (NAAQS) for SO2. EPA worked closely with LDEQ and Cabot to support the State’s development of the modeling demonstration and SIP requirements.
In 2013, LDEQ submitted revisions to the SO2 transport SIP to address the “good neighbor” provision of the CAA NAAQS for SO2. EPA reviewed the state’s submission and considered additional information including available emissions data, monitoring data, and air quality modeling, in determining that the SIP complies with the Clean Air Act requirements. EPA proposed approval of LDEQ’s SO2 transport SIP in April 2025 and accepted public comments for 30 days.
EPA Administrator Lee Zeldin announced the agency’s intent to update the 2024 Effluent Limitations Guidelines (ELGs) for Steam Electric Power Generating Units.EPA intends to extend compliance deadlines for many of the zero-discharge requirements in the 2024 Rule and the deadline for facilities to decide whether to submit a Notice of Planned Participation.
This initial rulemaking will also seek additional information on zero-discharge technologies, including cost and performance data. This information will help EPA determine whether to move forward with a second rulemaking to address zero-discharge technologies. The scope of this second rulemaking could also address unmanaged combustion residual leachate, another type of wastewater.
The 2024 Steam Electric ELG Rule imposes stringent requirements on certain wastewaters from facilities, requiring facilities not to discharge any pollutants from certain types of industrial wastewaters. These types of requirements are known as zero-discharge requirements.
ELGs are national industry-specific wastewater regulations based on the performance of demonstrated wastewater treatment technologies (often called “technology-based limits”). They are intended to represent the greatest pollutant reductions that are economically achievable for an entire industry and are incorporated into permits designed to be protective of human health and environmental quality.
Steam electric facilities use fuels (such as coal, oil, and natural gas) or nuclear reactions to heat water in boilers, which generates steam. The steam is used to drive turbines connected to electric generators. These facilities may generate wastewater in the form of chemical pollutants and thermal pollution from their water treatment, power cycle, ash handling and air pollution control systems, and other sources.
EPA issued an order to Banner Wholesale Grocers to prevent the illegal distribution and sale of unregistered pesticide products through the company’s website and retail location at 2639 S. Damen Ave., Chicago. EPA also issued “stop sale” orders to companies that supplied the unregistered products to Banner Wholesale Grocers: Monterrey Trade Corp. in Chicago, and Millennium Imports, LLC in Plainfield, Illinois.“This action highlights our commitment to safeguarding public health and the environment,” said EPA Region 5 Administrator Anne Vogel. “We strongly encourage all businesses to comply with these standards to ensure the integrity and safety of their products.”
The companies distributed or sold the following unregistered pesticides: Clorox 1.89L, Clorox 930mL, Clorox 500mL, Fabuloso 828mL, Fabuloso Ultra Frescura Fresca Lavanda 1L, Fabuloso Alternativa Al Cloro Fresca Primavera 1L, and Fabuloso Ultra Frescura Mar Fresco 1L.
The unregistered products appear to have been imported from Mexico. The product labels featured antiviral and antibacterial claims which means they are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. All pesticides distributed or sold in the United States are required to be registered by EPA to ensure products perform as intended and will not harm people, non-target species, or the environment when used as directed.
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