Federal environmental law update.

• Author: McHugh, Laurence A.

With the election of a new administration whose platform was heavily environmental, "green" issues have once again been thrust into the national spotlight.

During the past year, Congress considered a significant number of legislative proposals as it attempted to reauthorize the major environmental acts currently on the books. However, no measurable progress was made in any of these areas, and developments over the past year were limited to regulatory activities by the United States Environmental Protection Agency. Here is a summary of the developments of interest to business and industry over the past year, and a brief look at what may lie ahead within the next several months.

CLEAN AIR ACT

Significant regulatory activity in this area can be expected from the EPA by the last quarter of this year. Under the 1990 CAA Amendments, the agency is required to adopt more than 60 major rules by November 1993. Of primary concern to small- and medium-sized businesses will be efforts to control hazardous air pollutants, implement a comprehensive permit program and phase out substances contributing to depletion of the ozone layer.

Hazardous Air Pollution Control--Among the rules the EPA is required to adopt in 1993 are measures to prevent and detect releases of hazardous air pollutants, and to provide for proper responses when releases occur. These rules will require businesses with potential problems to implement risk-management plans. These plans will need to include programs to prevent releases, as well as steps for responding if a release does occur.

Also, emission standards have been proposed for the synthetic organic chemical manufacturing industry and for commercial dry cleaners. A business may receive a six-year extension from an emission standard if it can reduce emissions by 90 percent from 1987 base-year levels before the standard is proposed.

Comprehensive Permit Program--The November 1993 deadline for states to establish permit programs implementing minimum EPA air pollution control requirements may pass with many states not yet in compliance because of disagreements over the proposed standards. The EPA regulations are the subject of a number of court challenges, and the organization of state air pollution control agencies has issued its own blueprint for state programs, which is more stringent than the federal minimum requirements.

Once implemented, tens of thousands of businesses will be required to complete comprehensive applications...