EPA Notifies Plastics Container Industry of Potential Presence of PFAS and TSCA Compliance Requirements
On March 16, 2022, the U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry in a letter that per- and polyfluoroalkyl substances (PFAS) could be formed in HDPE containers or similar plastics as a byproduct, which may trigger notification requirements under the Toxic Substances Control Act (TSCA) and be a violation of TSCA as contamination. (more…)
EPA Proposes to Adopt New American Society for Testing and Materials Standard, Including PFAS, for CERCLA Phase I All Appropriate Inquiry
On March 14, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed and direct final rule, which adopts the E1527-21 standard issued by the American Society for Testing and Materials (ASTM), for All Appropriate Inquiries (AAI) required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). (more…)
OMB Is Reviewing EPA’s e-Manifest Rule Proposed for Hazardous Waste Exports
The White House Office of Management and Budget is reviewing a rule proposed by the U.S. Environmental Protection Agency (EPA) that aims to incorporate exports of hazardous wastes into its electronic waste manifest (e-Manifest) program under the Resource Conservation and Recovery Act (RCRA). (more…)
EPA Bans Use of Chlorpyrifos (Pesticide) on All Food
The U.S. Environmental Protection Agency (EPA) issued a final rule that essentially bans the use of chlorpyrifos on all food. With this rule, EPA is revoking all “tolerances” for this pesticide, which establish an amount allowed for use on food. (more…)
EPA Adds Three Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory
On June 3, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a rule adding three more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals requiring toxic chemicals release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, that is, Toxics Release Inventory (TRI). The PFAS added are perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate, which must be included in TRI reports due July 1, 2022.
U.S. Environmental Protection Agency Announces Environmental Justice and Climate Action Initiatives
On April 23, the Administrator of the U.S. Environmental Protection Agency (EPA), Michael Regan, announced three new agency initiatives to support “community-driven solutions” for environmental justice and climate change in North America and across the world. The announcement came in conjunction with President Joe Biden’s Leaders Summit on Climate where the President pledged to cut nationwide net greenhouse gas emissions at least 50% to 52% by 2030 in comparison to 2005 levels. (more…)
U.S. Transportation Department Moves to Revive States’ Authority to Regulate Vehicle Greenhouse Gas Emissions
On April 22, the National Highway Traffic Safety Administration (NHTSA) issued a proposed rule that revokes the agency’s portion of the September 2019 rule, known as SAFE-1 Rule, which sought to preempt states, including California, from issuing their own tailpipe greenhouse gas (GHG) regulations and zero emission vehicle (ZEV) mandates. (more…)
EPA TSCA PFAS Reporting Rule Sent for White House Review
On March 1, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review a proposed rule that would require reporting and recordkeeping for the production of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). (more…)
Trump Navigable Waters Protection Rule Revived in Colorado by the Tenth Circuit
The U.S. Court of Appeals for the 10th Circuit has vacated a stay of the Navigable Waters Protection Rule (NWPR) in Colorado, reversing the one court that had stayed the Trump administration’s rule redefining the meaning of “waters of the United States” under the Clean Water Act. (more…)
EPA Proposes Tightening Cross-State Air Pollution Rule to Meet 2008 Ozone National Standard
On October 15, the U.S. Environmental Protection Agency (EPA) proposed to update its Cross-State Air Pollution Rule (CSAPR) for the 2008 ozone national ambient air quality standard (NAAQS) requiring further reduction in emissions of nitrogen oxides (NOx) from power plants in 12 states. (more…)