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.
Earlier this month, U.S. President-elect Joe Biden announced multiple picks for the transition team with an environmental justice (EJ) focus. Leading the transition team for the Environmental Protection Agency (EPA) is Patrice Simms, who is vice president for healthy communities at Earthjustice. Simms has advocated for environmental enforcement focused on low-income communities and communities of color, and he has critiqued the Trump administration on the same topic. The transition team also includes alumni of the Obama administration with a reported record on EJ issues.
The U.S. Environmental Protection Agency (EPA) has extended the deadline for submissions due under the Chemical Data Reporting (CDR) Rule from November 30, 2020, to January 29, 2021. The CDR report covers chemical manufacturing and processing for the four calendar years of 2016 through 2019. We have covered the scope and application of the CDR rule here.
As reported in last week’s blog post, climate change is one of President-elect Joe Biden’s top four priorities post-inauguration. Implementing policies to accomplish Biden’s climate change goals, however, is unlikely to be an easy process. First, climate change has generally not been a bipartisan issue in the Congress. Hence, unless the Democrats prevail in both runoff races in Georgia, Biden may struggle just to get his nominee for EPA Administrator approved by a Republican-led Senate, let alone to advance legislation. Even a 50-50 split in the Senate would present significant challenges. Additionally, new environmental regulations may face increased hostility in the courts, as nearly a third of all federal appellate judges were appointed by President Donald Trump. If those judges interpret federal law narrowly, they could limit EPA’s authority to act by striking down new regulations as not specifically addressed by existing statutes.
On November 9, 2020, the U.S. Environmental Protection Agency (EPA) published proposed amendments to the 2012 National Emission Standards for Hazardous Air Pollutants (NESHAP) for Polyvinyl Chloride and Copolymers Production (PVC MACT). The proposed amendments, which are the result of industry and environmental group requests for reconsideration of the rule, propose to tighten certain maximum achievable control technology (MACT) limits, provide additional clarification about certain aspects of the rule, and eliminate waivers for excess emissions during a malfunction.
President-elect Joe Biden announced on his transition website that climate change is one of his top priorities post inauguration. That news comes as no surprise, given the president-elect’s comments during the campaign, but it is notable that climate change is one of only four areas highlighted as a priority (the others are COVID-19, economic recovery, and racial equity). (more…)
On November 2, 2020, several environmental interest groups including the Sierra Club and Earthjustice filed suits in the U.S. Courts of Appeals for the Fourth and D.C. circuits challenging the Environmental Protection Agency’s (EPA) recent Steam Electric Reconsideration Rule (SERR), which rolled back certain Obama-era effluent discharge limitations on coal-fired power plants. (more…)
On October 26, 2020, the U.S. Department of the Interior (“DOI” or “The Department”) issued an interim final rule, which revises its guidelines for the development, review, and clearance of guidance documents. The Department’s rule follows the U.S. Environmental Protection Agency’s promulgation of a similar rule last month. Both rules implement the October 2019 Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents directing Federal agencies to finalize regulations that set forth procedures for issuing guidance documents.