By

Joseph Zaleski

28 January 2022

EPA Adds Four New PFAS to Toxic Release Inventory, Continues Addressing Strategic Roadmap Goals

As part of its continued focus on per- and polyfluoroalkyl substances (PFAS) regulations, the U.S. Environmental Protection Agency (EPA) has added four PFAS substances to the Toxics Release Inventory (TRI) list, including PFBS (perfluorobutane sulfonic acid) and potassium perfluorobutane sulfonate as well as two compounds listed at by their chemical identifier numbers — CASRN 65104-45-2 and CASRN 203743-03-7. (more…)

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26 January 2022

EPA Enforcement Division Releases 2021 Statistics, Highlighting Higher Penalties and Commitment to Environmental Justice

On January 20, the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) released its annual enforcement results for fiscal year 2021. OECA’s report provides some indication of the Biden EPA’s priorities for enforcement. Notably, OECA secured higher civil penalty amounts and financial commitments to injunctive relief in 2021 than in each of the previous four years, which supports the expectation that administrative enforcement actions in key priority areas will continue to increase during the Biden administration. (more…)

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28 October 2021

EPA to Initiate Rulemakings Addressing PFAS Under Resource Conservation and Recovery Act as “Hazardous Constituents”

The U.S. Environmental Protection Agency (EPA or Agency) announced that it will initiate two separate rulemakings to address PFAS (per- and polyfluorinated substances) under the federal Resource Conservation and Recovery Act (RCRA) — the law that provides EPA with authority to address hazardous waste from “cradle to grave.” EPA announced these policy proposals in response to a petition submitted to Administrator Michael Regan by New Mexico Gov, Michelle Lujan Grisham on June 23 requesting that the Agency take regulatory action to list PFAS either collectively or individually as “hazardous waste” under Subtitle C of the Act. (more…)

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26 October 2021

PFAS Strategic Roadmap: EPA Releases Human Health Toxicity Assessment for “GenX” PFAS Chemicals

The U.S. Environmental Protection Agency (EPA or Agency) has released its final human health toxicity assessments for a subgroup of PFAS chemicals known as GenX (i.e., hexafluoropropylene oxide dimer acid and its ammonium salt). GenX is the trade name for a set of chemicals intended to replace another PFAS chemical called PFOA (perfluorooctanoic acid). (more…)

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21 October 2021

Five Key Takeaways: EPA’s PFAS Strategic Roadmap

On Monday, October 18, the U.S. Environmental Protection Agency (EPA or Agency) released its Strategic Roadmap for PFAS (per- and poly-fluoroalkyl substances). As we summarized in our previous post, the Strategic Roadmap outlines a number of key actions EPA intends to take over the next three years to address the human health and environmental effects of PFAS. (more…)

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19 October 2021

EPA Releases PFAS Strategic Roadmap, Commits to Numerous Regulatory and Technical Goals Through 2024

On Monday, October 18, the U.S. Environmental Protection Agency (EPA or Agency) released its Strategic Roadmap for PFAS (per- and poly-fluoroalkyl substances). The Strategic Roadmap outlines a number of key actions EPA intends to take over the next three years, including rulemakings and technical reviews that will involve a number of the Agency’s offices. EPA’s Strategic Roadmap builds on the work of EPA’s Council on PFAS, convened by EPA Administrator Michael Regan in April 2021. (more…)

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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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