ment Policy under CERCLA (Apr. 19, 2024).6 Id. at 2-3.7 Id. at 3.8 Id.9 Id. at 9.10 CERCLA section 113(f)(2), 42 U.S.C. § 9613(f)(2).11 SeeToxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances, Final rule, 88 Fed. Reg. 70516 (Oct. 11, 2023) (to be codified 40 C.F.R. pt. 705); Significant New Use Rules on Certain Chemical Substances (23-2.5e), Proposed rule, 88 Fed. Reg. 39804 (Jun. 20, 2023) (to be codified 40 C.F.R. pt. 721); Per- and Polyfluoroalkyl Substances (PFAS) in Consumer Products, Notice of availability and request for information, 88 Fed. Reg. 64890 (Sep. 20, 2023); Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting, Final rule, 88 Fed. Reg. 74360 (Oct. 31, 2023) (to be codified 40 C.F.R. pt. 372); Revisions to the Air Emissions Reporting Requirements, Proposed rule, 88 Fed. Reg. 54118 (Aug. 9, 2023) (to be codified 40 C.F.R. pts. 2, 51); Clean Water Act Effluent Limitations Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category, Advance notice of proposed rulemaking, 86 Fed. Reg. 14560 (Mar. 17, 2021) (to be codified 40 C.F.R. pt. 414).12 PFAS Strategic Roadmap: EPA’s Commitment to Action 2021-2024, Env’t Prot. Agency (Oct. 2021); Biden-Harris Administration Finalizes First-Ever National Drinking Water Standard to Protect 100M People from PFAS Pollution, Env’t Prot. Agency (Apr. 10, 2024).

d Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units, 88 Fed. Reg. 33240 (May 23, 2023)West Virginia v. EPA, 142 S.Ct. 2587, 2616 (2022)Federal ‘Good Neighbor Plan’ for the 2015 Ozone National Ambient Air Quality Standards, 88 Fed. Reg. 36654 (June 5, 2023)Air Plan Disapprovals; Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 88 Fed. Reg. 9336 (Feb. 13, 2023) Order issued Sept. 25, 2023, State of Utah v. EPA, No. 23-1157 (D.C. Cir.).Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards; Response to Additional Judicial Stays of SIP Disapproval Action for Certain States, 88 Fed. Reg. 67102 (Sept. 29, 2023)Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d), 87 Fed. Reg. 79176 (Dec. 23, 2022)Revisions to the Air Emissions Reporting Requirements, 88 Fed. Reg. 54118 (Aug. 9, 2023)

) that would not have to report as detailed information. However, that flexibility for a small business can be removed if modeling results show cancer risk from the facility greater than 20-in-one million.EPA's stated objective is to use the information provided by companies to develop new regulations. According to EPA, this emissions data will not be confidential and will be made publicly available. With recent actions taken by EPA related to community monitoring and the increase in citizen suits, additional publicly available emissions data can increase potential liability for companies. In other words, this information will be used for enforcement purposes or in potential litigation from citizens, states and/or localities.EPA specifically cites to additional information being used for regulatory actions such as: implementation of NAAQS and Regional Haze Program; National Emission Standard for HAPs (NESHAPs); and Integrated Risk Information System (IRIS) program analyses.FOOTNOTES88 FR 54118 (Aug. 9, 2023).U.S. EPA Office of Inspector General, ‘‘Improvements in Air Toxics Emissions Data Needed to Conduct Residual Risk Assessments,’’ Report No. 08–P–0020, October 31. 2007, https://www.epa.gov/office-inspector-general/report-improvements-air-toxics-emissions-data-needed-conduct-residual-risk.88 FR at 54127/1.

rule would also make other minor corrections that fall within the same sections of the hazardous waste regulations but are independent of these three rules. EPA states that examples of the types of corrections being made include, but are not limited to, correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses. EPA made the technical corrections as a direct final rule on August 9, 2023, without a prior proposed rule “because we view this as a noncontroversial action and anticipate no adverse comment.” 88 Fed. Reg. 54086. If EPA receives no adverse comment, it will not take further action on the proposed rule. The final rule will be effective December 7, 2023, without further notice unless EPA receives adverse comment on the proposed rule by October 10, 2023.EPA Proposes Revisions To The Air Emissions Reporting Requirements: On August 9, 2023, EPA proposed changes to the Air Emissions Reporting Requirements (AERR). 88 Fed. Reg. 54118. EPA states that the proposed amendments may require changes to current regulations of state, local, and certain Tribal air agencies; would require these agencies to report emissions data using different approaches from current requirements; and would require owners/operators of some facilities to report additional emissions data. More specifically, EPA is proposing to require certain sources report information regarding HAP emissions; certain sources to report criteria air pollutants, their precursors, and HAP; and to require state, local, and certain Tribal air agencies to report prescribed fire data. According to EPA, the proposed revisions would also define a new approach for optional collection by air agencies of such information on HAP by which state, local, and certain Tribal air agencies may implement requirements and report emissions on behalf of owners/operators. The proposed revisions would also make the requirements for point sources consistent for every year; phase in ear