By

Joseph Zaleski

23 September 2021

EPA Drops Guidance From Previous Administration Interpreting Post-Maui Clean Water Act Permitting Requirements

The U.S. Environmental Protection Agency (EPA or Agency) Office of Water announced that it will be rescinding guidance (the “rescission memo”) prepared in the final days of the Trump administration that provided an interpretation of federal Clean Water Act permitting requirements in the wake of the Supreme Court’s significant April 2020 decision in County of Maui, Hawaii v. Hawaii Wildlife Fund. (more…)

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21 September 2021

Federal Policy Granting Pandemic-Related Temporary Supply Chain Flexibility for Disinfectant Product Ingredients to End in September 2022

Effective September 15, 2022, the U.S. Environmental Protection Agency (EPA) will be terminating a COVID-19 pandemic-related policy that granted antimicrobial disinfectant product manufacturers short-term flexibilities for sourcing active ingredients from the global supply chain. EPA regulates these antimicrobial disinfectant products, and the process of substituting active ingredients, under the federal pesticide law, known as the Federal Insecticide, Fungicide, and Rodenticide Act. (more…)

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19 August 2021

Environmental Protection Agency Takes Action to End All On-Food Use of Conventional Pesticide Chlorpyrifos

The U.S. Environmental Protection Agency (EPA or Agency) has issued a prepublication rule that will revoke all on-food tolerances for the conventional pesticide called chlorpyrifos and has announced that it will also issue a Notice of Intent to Cancel all food uses for the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA stated that “taking into consideration the currently available information and the currently registered uses of chlorpyrifos, EPA cannot make a safety finding to support leaving the current tolerances for residues of chlorpyrifos in place” consistent with the Federal Food, Drug, and Cosmetic Act. (more…)

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01 June 2021

EPA Formally Repeals Trump Administration Transparency in Science Rule

The U.S. Environmental Protection Agency (EPA or the Agency) has formally repealed regulations establishing how the Agency would consider the availability of dose-response data (“Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information,” 86 Fed. Reg. 469) (the Science Rule). The Science Rule, which was finalized and went into effect immediately on January 6, 2021, related specifically to studies describing the quantitative relationship between the dose or exposure of a pollutant, contaminant, or substance and its effect; the rule required, among other things, that EPA identify and give greater consideration to studies constituting “pivotal science” (defined as “the specific dose-response studies or analyses that drive the requirements or quantitative analyses of EPA significant regulatory actions or influential scientific information”) and make public all science that served as the basis for a significant regulatory action. (more…)

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15 April 2021

U.S. Environmental Protection Agency and Centers for Disease Control Update Surface Cleaning Guidance Amid the COVID-19 Pandemic

In a recent science brief regarding surface transmission of SARS-CoV-2, the novel coronavirus that causes COVID-19, the U.S. Centers of Disease Control and Prevention (CDC) concluded that while it is possible for people to be infected through contact with contaminated surfaces or objects, “the risk is generally considered to be low.” The principal mode by which people are infected by SARS-CoV-2 is through exposure to respiratory droplets in the air that contain the virus.

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13 April 2021

Administrator Regan Reaffirms Environmental Justice as a Top Priority of the U.S. Environmental Protection Agency

In an April 7 Agencywide memorandum, U.S. Environmental Protection Agency (EPA or Agency) Administrator Michael Regan recommitted EPA to advancing environmental justice initiatives. Administrator Regan stated that it would be one of his “top priorities” to address environmental effects on communities whose residents are predominately of color, Indigenous, or low-income.

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16 February 2021

Environmental Protection Agency Approves Copper Alloy for Long-Lasting Efficacy Against the Novel Coronavirus

The U.S. Environmental Protection Agency (EPA) has approved, for the first time, a pesticide product for long-lasting efficacy claims (also called residual efficacy) against SARS-CoV-2, the novel coronavirus that causes COVID-19. Unlike standard disinfectants, “residual efficacy” products are continually efficacious against viruses or other microorganisms over a period of hours (or even months) rather than just at point of use. Based on efficacy data, EPA expects the product approved last week—antimicrobial copper alloy that contains at least 95.6% copper—to eliminate 99.9% of SARS-CoV-2 within two hours, on an ongoing basis. However, EPA has only approved antimicrobial copper alloy for supplemental residual efficacy claims; these are products that do not meet EPA’s standards for a disinfectant, but are intended to supplement the use of EPA’s List N disinfectants. (List N contains those products EPA has approved for limited claims of efficacy against the novel coronavirus.) Accordingly, antimicrobial copper alloy has been added to EPA’s List N Appendix, which catalogues those products approved for supplemental residual efficacy claims.

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03 December 2020

Environmental Protection Agency Issues Interim Strategy Memorandum to Address PFAS in Federally Issued Water Permits

The U.S. Environmental Protection Agency (EPA) Office of Water has published a new interim strategy memorandum for addressing per- and polyfluoroalkyl substances (PFAS) in National Pollutant Discharge Elimination System (NPDES) permits issued by EPA. The memorandum includes recommendations generated by a cross-agency workgroup, which conducted a review of existing Clean Water Act (CWA) section 402 NPDES permitting authorities to determine where and how currently unregulated contaminants like PFAS may fit into the permitting process. Under the CWA, the NPDES permit program regulates point sources that discharge pollutants into waters of the United States. Currently, there are no CWA water quality criteria or effluent guidelines for PFAS, an umbrella category of thousands of synthetic chemicals historically used in industrial manufacturing processes for their flame-resistant and nonstick properties.

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01 December 2020

Environmental Protection Agency Releases Draft Supplemental Risk Evaluation for 1,4-Dioxane, Chemical Byproduct in Consumer Goods

After a lengthy public comment review period, the U.S. Environmental Protection Agency (EPA) has released a Draft Supplemental Analysis to the Draft Risk Evaluation for 1,4-Dioxane. EPA’s underlying Draft Risk Evaluation for 1,4-Dioxane was released in June 2019. These documents have been prepared as required by the 2016 Frank R. Lautenberg Chemical Safety Act for the 21st Century Act amendments to federal Toxic Substances Control Act (TSCA).  Those amendments direct EPA to conduct risk evaluations of certain chemicals to determine whether the substance presents an unreasonable risk of injury to health or the environment, under the conditions of use, without consideration of costs or other nonrisk factors, while using the best available science and ensuring that decisions are based on the weight of scientific evidence. EPA identified 1,4-dioxane in December 2016 as one of the first 10 chemicals to undergo risk evaluations under the TSCA amendments.

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01 October 2020

Massachusetts Finalizes New PFAS Drinking Water Standards and Water Systems Testing Schedules

The Massachusetts Department of Environmental Protection (“MassDEP”) has finalized its enforceable Maximum Contaminant Level (“MCL”) drinking water standards for a group of six per- and polyfluoroalkyl substances (“PFAS”) after proposing similar regulatory provisions in December 2019. Under the new regulations, the MCL is set at 20 nanograms per liter (i.e., 20 parts per trillion) for the sum of the concentrations of these six distinct PFAS contaminants:  perfluorooctane sulfonic acid (“PFOS”); perfluorooctanoic acid (“PFOA”); perfluorohexane sulfonic acid (“PFHxS”); perfluorononanoic acid (“PFNA”); perfluoroheptanoic acid (“PFHpA”); and perfluorodecanoic acid (“PFDA”). No later than December 31, 2023, and every three years thereafter, MassDEP will review the science and state of PFAS analytical/treatment methodologies to determine whether these drinking water standards should be amended.

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