Nicole Bothwell

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US EPA Proposes PFAS Hazardous Substances Designation

In a landmark action, US EPA recently proposed to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.”  If finalized, this rule would require entities to report releases of those PFAS substances and would authorize US … Continue Reading

Perspectives on the Evolving Regulatory Landscape for US Food and Beverage

There are a number of product safety challenges and risks facing the food and drink industry in the US, including balancing innovative products with regulatory compliance. Here, we explore what these risks are, how companies can prepare, how the recall landscape is evolving and our predictions for the future. What Do You See as the … Continue Reading

US EPA’S Draft Screening Level Approach May Broaden Scope of Chemical Risk Evaluations Under TSCA

The United States Environmental Protection Agency (US EPA) continues to advance various aspects of its chemicals regulatory agenda under the Toxic Substances Control Act (TSCA). A key part of the Biden Administration’s revisions to the TSCA program is its planned new screening approach for assessing ambient air and water exposures to fenceline communities. This screening … Continue Reading

US EPA Releases Draft National Recycling Strategy for Comment

US EPA recently released its draft National Recycling Strategy (Draft Strategy) as part of its broader “America Recycles” program that aims to increase the amount of paper, plastic and metal recycled in the country. While the Draft Strategy sets sweeping goals to grow domestic recycling capacity and improve markets for recycled materials, it offers little … Continue Reading

Supporters of US Plastic Pollution Reduction Bill Press On Despite Challenging Times

The coronavirus pandemic has resulted in increased use of disposable plastics and plastic waste reduction efforts have experienced setbacks as the need for these products grows. Nonetheless, proponents of a federal bill aimed at reducing plastic waste, the “Break Free From Plastic Pollution Act,” (the Act) continue to advocate for its passage.  Recently, Sen. Tom … Continue Reading

US EPA Amends TSCA “Small Manufacturer” Definition for Chemical Data Reporting Requirements

On May 28, 2020, the US Environmental Protection Agency (US EPA) issued its final rule amending the definition of a “small manufacturer” under section 8(a) of the amended Toxic Substances Control Act (TSCA). As a result of the change, some manufacturers and importers who were previously subject to Chemical Data Reporting (CDR) requirements under the current … Continue Reading

US EPA and US DOT Issue Final Rule Rolling Back Vehicle Emissions Standard

In the midst of the COVID-19 pandemic, US EPA and the US Department of Transportation (DOT) issued the final rule rolling back greenhouse gas (GHG) emissions standards for vehicles. This long-awaited final rule was proposed in August 2018 and represents the culmination of an extended and controversial rulemaking. We have previously covered the rollback and related … Continue Reading

US EPA-California Tensions Over GHG Standards Increase with Preemption Challenge

Disagreements between California and the US Environmental Protection Agency (US EPA) over greenhouse gas (GHG) standards for automobiles have been simmering since 2018, but tensions between the two sides have recently increased after California entered into a voluntary agreement on GHG standards with a group of major automakers, followed swiftly by US EPA’s withdrawal of California’s authority … Continue Reading

US EPA Formally Proposes Repeal of “Once In, Always In” Policy

On June 25, 2019, US EPA issued a proposed rule that would reverse the “once in, always in” policy for sources of hazardous air pollutants (HAP) that has been in place for more than 20 years. The rulemaking formalizes a January 2018 US EPA memorandum repealing the policy, an action that was challenged by environmental groups and … Continue Reading

US EPA Finalizes Rule Employing “SNUR-Only” Approach for TSCA New Chemical Reviews

On April 5, 2019, US EPA finalized significant new use rules (SNURs) for 13 new chemical substances under section 5(a)(2) of the Toxic Substances Control Act (TSCA). Notably, the 13 chemicals are not also subject to orders under TSCA section 5(e) or 5(f) – an approach that differs substantially from US EPA’s long-standing past practice. … Continue Reading

US EPA Approves Missouri’s Innovative Approach to Limiting Nutrient Pollution

In December 2018, the US EPA approved Missouri’s standards for limiting nutrient pollution in lakes and reservoirs in the state. The Agency’s approval comes after years of past debate and litigation between US EPA and Missouri over the state’s approach to nutrient criteria and, notably, represents a reversal from US EPA’s Obama-era opposition to the state’s … Continue Reading

US EPA Issues Proposal to Freeze Tailpipe Emission Standards

The United States Environmental Protection Agency (US EPA) and the National Highway Traffic Safety Administration (NHTSA) issued a proposed rule regarding existing Corporate Average Fuel Economy (CAFE) and tailpipe greenhouse gases (GHG) emission standards for passenger cars and light-duty trucks on August 24, 2018. With this proposal, US EPA’s goal is to finalize a rule … Continue Reading
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