Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The complaint alleges EPA is in violation of section 311(j)(1)(C) of the Clean Water Act (CWA).
Jack Morgan, NRDC Sues EPA for a Failure to Issue Hazardous Substance Regulations: The End of a Decades-Long Public Risk in Sight, Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter (ABA Section of Environment, Energy, and Resources), November 2015, at 5.