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Category: EPA

October 19, 2023 • CERCLA, Environmental Law Monitor, EPA, PFAS

CERCLA’n the Wagons: Even as it Seeks to Expand PFAS Regulations, EPA Will Not Enforce Rules Against Certain Groups

Since early 2022, the Environmental Protection Agency has pursued authority to establish a rule designating PFAS (per- and polyfluoroalkyl substances) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Act. On August 12, 2022, the CERCLA PFAS designation effort advanced significantly when the Office of Management …

October 12, 2023 • Emissions, Environmental Law Monitor, EPA

Lawsuits Claim EPA’s EtO Rules are Too Little, Too Late

Following the U.S. Environmental Protection Agency’s 2016 finding that ethylene oxide (EtO), a highly effective chemical routinely used to sterilize medical devices and equipment, was significantly more hazardous than previously understood, individuals and shareholders began filing lawsuits against various EtO-using entities throughout the United States with no end in sight. At the end of last …

on an flat roof there cooling air conditioning

October 12, 2023 • Emerging Issues, Environmental Law Monitor, EPA

EPA Announces Latest Actions to Address Hydrofluorocarbons

Nearly one year after ratifying the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, the Environmental Protection Agency announced two additional actions to further this initiative under the American Innovation and Manufacturing Act (AIM). The Kigali Amendment is an international agreement aimed at phasing down the production and consumption of …

September 14, 2023 • Emerging Issues, Environmental Law Monitor, EPA

EPA Updates FOIA Regs to Promote Transparency and Affordability of Information Concerning Environmental Justice Issues

On September 7, 2023, the U.S. Environmental Protection Agency announced that it was updating its Freedom of Information Act (FOIA) regulations through its Phase II FOIA final rule. This “modernization,” is part of EPA’s continued efforts to advance transparency – here, by improving the EPA’s FOIA program through a renewed focus on accountability, affordability, and …

August 31, 2023 • Environmental Law Monitor, EPA, WOTUS

EPA Redefines ‘Waters of the United States’ to Conform with Supreme Court Decision

On August 29, the Environmental Protection Agency announced its final rule amending its definition of “waters of the United States.” This new definition was written to conform with the Supreme Court’s May 24, 2023 ruling in Sackett v. EPA 598 U.S. _____(2023) (discussed in a previous blog here). The Sackett decision held in favor …

View of world from 40000 feet, clouds and blue sea.

August 24, 2023 • Environmental Law Monitor, EPA

The Good, the Bad, the Ozone

Pop quiz: What is the naturally occurring gas that forms a life-sustaining, protective barrier when in the Earth’s stratosphere (15-30km above the surface), blocking harmful ultra-violet radiation reaching the planet from the sun? Ozone! Round two: What is the noxious gas that can cause wheezing, shortness of breath, and even permanent lung damage when produced …

August 10, 2023 • Emerging Issues, Environmental Law Monitor, EPA

FDA to EPA: Pump the Brakes on New EtO Rules During Supply Chain Shortage

With COVID diagnoses spiking across the United States this summer, we cannot yet claim that the pandemic is behind us. In fact, we are still experiencing residual medical device and equipment shortages, which has caused medical providers to spend billions on alternative sterile medical products and even implementing rations in some cases. Complicating the issue …

July 27, 2023 • Emissions, Environmental Law Monitor, EPA

Environmental Protection Agency Proposes New Air Emissions Reporting Requirements

The U.S. Environmental Protection Agency announced July 25 proposed updates to its Air Emissions Reporting Requirements (AERR), including a proposal to require the reporting of hazardous air pollutants, or “air toxics” (substances known or suspected to cause cancer and other serious health effects). This update seeks to provide the EPA with accessible data allowing it …

workers in a cement factory work outdoors with a tablet planning their work and checking concrete structures

July 20, 2023 • Emerging Issues, Environmental Law Monitor, EPA

EPA Revises Carbon Tetrachloride Risk Determination to Protect Worker Health and Fenceline Communities

Carbon tetrachloride (CTC) is a solvent used as a raw material in commercial settings to produce chemicals such as hydrofluoroolefins for refrigerants, aerosol propellants, foam-blowing agents, chlorinated compounds, and agricultural products. Notably, the U.S. Consumer Product Safety Commission banned the use of CTC in consumer products in 1970. Additionally, in 1996, CTC was phased out …

July 13, 2023 • Emerging Issues, Environmental Law Monitor, EPA

EPA Proposes Stronger Lead Paint Standards

The Environmental Protection Agency announced July 12 “a proposal to strengthen requirements for the removal of lead-based paint hazards in pre-1978 buildings and child care facilities… to better protect children and communities from the harmful effects of exposure to dust generated from lead paint…” The agency estimates that the rule, if finalized, could “reduce the …