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Massachusetts to Adopt Expansive List of PFAS Chemicals Covered by State’s Chemical Regulatory Program

Aug 31 2021

On August 19, 2021, Massachusetts’s Toxics Use Reduction Act (TURA) Administrative Council voted to add PFAS to its TURA List of Toxic or Hazardous Substances here. Specifically, following a public meeting, the council added to its list “PFAS Not Otherwise Listed,” which includes “those PFAS that contain a perfluoroalkyl moiety with three or more carbons (e.g., –CnF2n–, n ≥ 3; or CF3–CnF2n– , n≥2) or a perfluoroalkylether moiety with two or more carbons (e.g., –CnF2nOCmF2m− or –CnF2nOCmFm–, n and m ≥ 1 ).”

Chemicals; PFAS

OMB Is Reviewing EPA’s e-Manifest Rule Proposed for Hazardous Waste Exports

Aug 26 2021

Samuel Boxerman and Allison H. In

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).

EPA; RCRA

EPA Bans Use of Chlorpyrifos (Pesticide) on All Food

Aug 24 2021

Samuel Boxerman and Allison H. In

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.

Chlorpyrifos; Environmental Trends; EPA; FFDCA; FIFRA

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

Aug 19 2021

Samuel Boxerman and Joseph Zaleski

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.

Chlorpyrifos; EPA; FFDCA; FIFRA; Pesticides

U.S. Senate Advances Bipartisan Infrastructure Package

Jul 30 2021

Samuel Boxerman and Brittany A. Bolen

This week, the U.S. Senate advanced a much-anticipated bipartisan infrastructure bill. After months of negotiations and a failed procedural vote last week, the White House and a bipartisan group of Senators unveiled a bipartisan infrastructure deal to provide $550 billion in new spending on July 28. That same day, in a 67-32 vote, 17 Republicans joined all 50 Democrats to invoke cloture on the motion to proceed to the bill. Today, the Senate passed another bipartisan procedural vote to officially consider the bill on the Senate floor. While the Senate continues to work on finalizing the legislative text, the following topline funding provisions were released:

Electric Vehicles; Energy; Environmental Trends; Infrastructure; Legislative Corner

Federal and State Legislative Activity Continues on PFAS

Jul 23 2021

Samuel Boxerman, Brittany A. Bolen and Marshall R. Morales

Federal and state lawmakers continue to advance legislative efforts to address per- and polyfluoroalkyl substances (PFAS). PFAS have been used in a variety of consumer products and industrial processes and are often recognized for use in nonstick cookware, waterproof apparel, and fire-fighting foam. The U.S. House of Representatives voted this week to pass legislation that would further regulate PFAS. In a bipartisan vote of 241 to 183, lawmakers advanced HR 2467, the PFAS Action Act of 2021, which would impose federal requirements to address PFAS under many environmental statutes, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Safe Drinking Water Act, and the Toxic Substances Control Act.

Chemicals Regulation; Legislative Corner; PFAS

DC Circuit Orders EPA to Reconsider 2019 Renewable Fuel Standard Effects on Endangered Species

Jul 21 2021

Samuel Boxerman and Marshall R. Morales

The U.S. Court of Appeals for the District of Columbia Circuit ruled on July 16 that the Environmental Protection Agency (EPA) must reconsider its 2019 targets under the renewable fuel standard (RFS) related to its potential effects on endangered species. In Growth Energy v. EPA, No. 19-01023 (D.C. Cir.), three groups of petitioners had challenged the rule: renewable energy producers, parties regulated by the RFS requirements, and a group of environmental organizations.

CAA; ESA; Renewable Fuel Standard