California Air Resources Board Hosts Advanced Clean Cars Workshop

Earlier this month, the California Air Resources Board (CARB) hosted an Advanced Clean Cars (ACC) II Workshop to obtain public input on CARB’s development of ACC II regulations. The ACC II rules would be meant to contribute to meeting California’s carbon neutrality targets, advancing zero emissions vehicle (ZEV) technology, and reaching ozone targets under California’s State Implementation Plan. The workshop materials note that CARB views a need for deep reduction to light-duty vehicle emissions to address climate and air quality issues.

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U.S. Legislators and Regulators Bring New Attention to PFAS

Late summer this year has brought a surge of activity related to per- and polyfluoroalkyl substances (PFAS). The U.S. Environmental Protection Agency (EPA) research office reported at an industry conference last week that it was evaluating ways to divide PFAS compounds into categories for purposes of risk assessment and risk management. This aligns with the approach supported by industry groups but conflicts with demands from environmental advocates that EPA study each compound separately. Because of the complexity and number of individual PFAS molecules, which number in the thousands, categorization would likely expedite the review process.

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Third Circuit Limits CERCLA Liability Shield

On September 8, 2020, in New Jersey Department of Environmental Protection (NJDEP), et al. v. American Thermoplastics Corp., et al., the U.S. Court of Appeals for the Third Circuit limited the liability shield a potentially responsible party (PRP) receives when it settles a cost recovery action with a state under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court held that “a settling-PRP is protected only insofar as a consent decree and a contribution action address the same matters. In effect, our decision encourages a PRP to settle with both the relevant State and Federal Governments.”

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EPA Enforcement Priorities in U.S. Pesticide Law

An ELI & Sidley Austin LLP Co-Sponsored Webinar

The U.S. Environmental Protection Agency has long governed federal pesticide law under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA has a broad reach, overseeing conventional insecticides, but also plant growth regulators, antimicrobial surface disinfectants, pesticide “devices” like germicidal ultraviolet light systems or ozone generators, and more. Currently, EPA has continued to stress FIFRA as a leading priority area in national enforcement guidance.

Under FIFRA, EPA has specific authority to regulate products meant to provide surface disinfection from bacteria, microbes, and viruses. Indeed, products making claims to mitigate SARS-CoV-2, the novel coronavirus causing COVID-19, have fallen under intense scrutiny from EPA recently. Meanwhile, the focus on FIFRA compliance issues is increasingly intersecting with EPA’s growing scrutiny of imports to the U.S. Import reviews target traditional pesticide products, and now also center on nontraditional items such as UV lights and air purifiers.

Given these trends, questions are arising over EPA’s enforcement priorities in U.S. pesticide law. What are EPA’s strategies for enforcing federal pesticide law? What new or unexpected directions is the agency focusing on, especially in regards to compliance of nontraditional products, including those created in response to COVID-19? Expert panelists will address these questions, provide practical guidance on compliance with FIFRA, and explore FIFRA enforcement priorities.

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EPA Issues Final Power Plant Wastewater Rule

On August 31, 2020, the U.S. Environmental Protection Agency (EPA) announced a final rule addressing effluent concentration limits for certain metals in power plant wastewater under the Clean Water Act. The Steam Electric Reconsideration Rule (SERR) changes several aspects of the coal-fired power plant effluent limitations included in the 2015 Effluent Limitations Guidelines and Standards rule, including the limits for two waste streams: flue gas desulfurization (FGD) wastewater and bottom ash (BA) transport water.

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EPA Publishes Toxic Substances Control Act Risk Evaluation Scope Documents and List of Businesses Subject to Fees

On September 4, 2020, the U.S. Environmental Protection Agency (EPA) published scope documents for 20 high-priority chemicals that will undergo risk evaluation under the Toxic Substances Control Act (TSCA). The scope documents set frameworks for evaluating these 20 chemicals in light of their conditions of use, hazards, exposures, and potentially exposed or susceptible subpopulations. TSCA directs EPA to complete risk evaluations for these 20 chemicals over the next three years.

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