Both the Environmental Protection Agency and Washington State Department of Ecology have revised Construction General Stormwater Permits to implement City and County of San Francisco v. EPA (2025), in which the Supreme Court found that end-result requirements, such as permit terms prohibiting discharges that contribute to a violation of a water quality standard in a receiving water, are unlawful.

On April 15, 2025, EPA published its final action, narrowly modifying the 2022 CGP under the CWA. The CGP modification expands the list of areas eligible for coverage, including construction projects that discharge to receiving waters within Lands of Exclusive Federal Jurisdiction. The modified CGP added new permit conditions applicable to Lands of Exclusive Federal Jurisdiction, which prohibit stormwater discharges that contain i) observable deposits of solids, scum, sheen, or other substances; ii) an observable film, sheen, or discoloration from oil and grease; or iii) foam or substances that produce an observable change in color, odor, or cloudiness in the discharge. EPA maintains that these “final water quality-based limitations” are valid because they “tie compliance to the condition of the discharge (not the receiving water).”  The modified permit and Fact Sheet can be found here.

On March 19, 2025, Ecology published a proposal to update the 2021 CSWGP, which expires Dec. 31, 2025.  The draft CSWGP proposes several changes including expressing that “end-result” prohibitions no longer apply, requiring that all site inspections (e.g. weekly) will need to be conducted by a Certified Erosion Sediment Control Lead (CESCL), requiring weekly sampling for either turbidity or transparency and weekly sampling for pH at construction sites 1-acre or less, requiring daily turbidity effluent limitation sampling for dewatering discharges to certain impaired water bodies, and dissolved oxygen impairments will trigger a numeric effluent limit for turbidity. Public comments are being accepted until May 9th.  The proposed permit and Fact Sheet can be found here.

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The Washington State Department of Ecology (Ecology) published its final 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain conditionally authorized “non-stormwater” discharges from industrial activities in the State of Washington. The final 2025 ISGP took effect on January 1, 2025 and superseded the 2020 ISGP.

The new permit:

• Prescribed quarterly 6PPDQ sampling requirement for Transportation, Postal Service (491xxx), Petroleum Bulk Stations and Terminals, Warehousing, and TSDF Facilities and Dangerous Waste Recyclers;
• Requires PFAS sampling requirements for facilities in the waste management sector and for air transportation facilities with known, current, or historical use of AFFF Foam;
• Eliminates automatic Conditional Non-Exposure approvals;
• Includes an Annual Gross Revenue Reporting obligation and a deadline of May 15; and
• Defines a new Level 3 Engineering Report Deadline of “no later than 6 months after the last day of the calendar year in which the Level 3 was triggered”.

Facilities previously covered under the 2020 ISGP had to reapply for coverage by July 5, 2024. Covered facilities must update their Stormwater Pollution Prevention Plans (SWPPP) to conform to the new permit by May 15, 2025, and all conforming SWPPP updates must be implemented by July 1, 2025.

More information is available at Ecology’s website here.

Governor-elect Bob Ferguson appointed Casey Sixkiller, current Regional Administrator of EPA and an enrolled citizen of the Cherokee Nation, as Director of the Washington State Department of Ecology effective January 15, 2025. Sixkiller’s appointment reflects Ferguson’s commitment to protect Washington’s clean air and water and create good-paying clean energy jobs across the state.

President Biden appointed Sixkiller to lead Region 10 in May 2022. Sixkiller oversees the EPA’s work to protect human health and the environment across the states of Washington, Oregon, Idaho, and Alaska, and 271 tribal nations, leading the EPA’s efforts locally to implement both the Bipartisan Infrastructural Law and Inflation Reduction Act, through investments in water infrastructure, addressing the impacts of climate change, and identifying solutions to achieve clean energy.

In August of 2024, EPA posted a final report reviewing the toxicological effects of formaldehyde and found that it can cause cancer. This assessment addresses the human health effects from inhaling formaldehyde. In the review, EPA noted that formaldehyde can cause sinus and nasal cancer as well as myeloid leukemia. Formaldehyde is present in a variety of products including plywood adhesives, abrasive materials, insulation, pesticides, and embalming fluids. Major sources of anthropogenic emissions include household furnishings and building materials, vehicle exhaust, and tobacco smoke.

This finding does not impose new restrictions on the use of formaldehyde, but listing it as a carcinogen will likely shape future regulations and state/local toxics programs. EPA plans to finish the final risk evaluation by the end of the year, and if they ultimately do decide to ban formaldehyde, it could include many wood products and adhesives unless formulas are changed. The FDA has separately proposed to ban formaldehyde in hair straightening products. The final toxicological review can be found on EPA’s webpage.

The April HAZWOPER Challenge is now closed. Thank you for participating. Please come back May 1^st for our next HAZWOPER Challenge!

We Stumped you in April!

EPA announced in October 2023 that it intends to modify the Universal Waste regulations for waste lithium-ion batteries and solar panels. The proposal is an effort to support renewable energy by improving recycling and waste management.

Under the new rule, lithium-ion batteries would be separated from the “Universal Waste – Batteries” category to reduce the potential for fires. The new universal waste requirement for lithium-ion batteries would define improved storage and waste management methods.

Photovoltaic solar panels are not currently listed as a Universal Waste at the federal level but have been addressed or considered at the state level in places including, California, Hawaii, New York and North Carolina. EPA proposes to provide a clear, practical system for handling discarded solar panels.

Additional details on EPA’s Long Term Action can be found here. The Notice of Proposed Rulemaking (NPRM) is projected for June 2025. Stay tuned for further developments.

Washington State Department of Labor & Industries (L&I) has announced the new WAC 296-820 for Wildfire Smoke will be effective January 15, 2024 for all Washington employers. Washington has been operating under temporary emergency rules since 2021. The new regulation will apply year-round to aid employers in providing a safe work environment for their employees during wildfire smoke conditions.

Areas of Washington State have been devastated by wildfires and wildfire smoke from surrounding areas which have created hazardous working conditions. In the new guidance, employers and employees will find new guidance for worker protections based upon the Air Quality Index (AQI) which is available at Washington Ecology’s “Air Quality WA” or EPA’s “AirNow”, among others. The PM 2.5 AQI will trigger implementation of plans, training, and Personnel Protective Equipment (PPE).

For more information, check out the L&I Wildfire Smoke resource page for access to the new rule, plan templates, and training materials.

EPA announced its selection of six priority areas as the National Enforcement and Compliance Initiatives (NECI).  The FY 2024-2027 NECIs are:

• Mitigating Climate Change (new)
• Addressing Exposure to PFAS (new)
• Protecting Communities from Coal Ash Contamination (new)
• Reducing Air Toxics in Overburdened Communities (modified)
• Increasing Compliance with Drinking Water Standards (continued)
• Chemical Accident Risk Reduction (continued)

Check out https://www.epa.gov/enforcement/national-enforcement-and-compliance-initiatives for more information on each of these initiatives.