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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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.
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. (more…)
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.
On August 14, the U.S. Environmental Protection Agency (EPA) published its proposal to retain the existing ozone national ambient air quality standards (NAAQS). The proposal sets an October 1 deadline for public comment and schedules two virtual hearings, for August 31 and September 1, 2020. The current ozone NAAQS were established in 2015 and set 70 parts per billion for both primary and secondary standards.
On August 13, the U.S. Environmental Protection Agency (EPA) completed its reconsideration of the agency’s 2016 oil and gas regulations when Administrator Andrew Wheeler signed a pair of rulemakings that revise the new source performance standards for new oil and gas sources. EPA describes the revisions as reducing undue regulatory burdens and providing substantial cost savings without increasing emissions. Several environmental groups argue the revisions unlawfully reduce regulation of methane emissions and immediately pledged to file suit to challenge the new rules.
On July 28, Judge John Koeltl of the U.S. District Court for the Southern District of New York ordered the U.S. Environmental Protection Agency (EPA) to issue Federal Implementation Plans for the 2008 ozone National Ambient Air Quality Standards (NAAQS) that fully address the “good neighbor” obligations under the Clean Air Act by March 2021. The plans will force upwind Northeastern states (Illinois, Indiana, Michigan, Ohio, Pennsylvania, Virginia, and West Virginia) to curb air emissions that otherwise impede the ability of neighboring downwind states (New York, Connecticut, New Jersey, and Massachusetts) from meeting the statutory July 20, 2021 attainment deadline set forth in the 2008 ozone NAAQS.
Updated July 31, 2020
As of July 31, the U.S. Environmental Protection Agency (EPA or the Agency) has approved 15 surface disinfectant products to make on-label claims of efficacy directly against the SARS-CoV-2 virus, the novel coronavirus that causes COVID-19. This marks the first time since the novel coronavirus pandemic began that EPA has reviewed and approved testing data on the SARS-CoV-2 virus itself. The registrants of these products, which include dilutable, ready-to-use, and wipe formulation types, can now update the product labeling registered with EPA to include directions for use and claims directly against SARS-CoV-2. The registrants will also be permitted to market and advertise their efficacy against the SARS-CoV-2 virus, consistent with all applicable EPA regulations. EPA has indicated that it is planning to review and approve on a rolling basis additional products for on-label claims against the SARS-CoV-2 virus. It has been processing these on an expedited basis since May.
As part of the increased of per- and polyfluoroalkyl substances (PFAS), the Environmental Protection Agency (EPA) has proposed new use restrictions that may limit imports of certain products into the United States.
On July 8, 2020, the U.S. Environmental Protection Agency (EPA) published proposed amendments to the 2013 National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. The proposed amendments, the result of three remands issued by the U.S. Court of Appeals for the D.C. Circuit, revise certain maximum achievable control technology (MACT) limits and provide more explanation about other aspects of the rule.