September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

Online News We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 30 developments in the environmental, safety and health sector. Some of the top stories this month include:

Director Fined and Given Suspended Sentence After Health and Safety Executive (HSE) Investigation
Allergen Labelling Laws for Foods Prepacked for Direct Sale – New Legislation
Fine of £7.8 Million for Breach of Money Laundering Regulations
The Commission’s latest communication on no-deal Brexit preparedness indicates that only 52% of UK-based REACH registrants have transferred their registrations
ClientEarth has warned 105 local councils that they could face legal action if they fail to meet duties to include emissions reductions targets and policies in their local plans
The Court of Appeal Upheld a Decision to Refuse Planning Permission for a Housing Development on Air Quality Grounds
Chinese Food Company Has Received a Record Fine for Polluting a Sewer
European Chemicals Agency (ECHA) Publishes Information Requirements for the Future Waste Database
EU Court Upholds Decision by the European Chemicals Agency (ECHA) to List Bisphenol A (BPA) as an Endocrine Disrupting Chemical With an Impact on Human Health
Member State Experts Unanimously Back a Proposal of the European Commission to Increase the Compliance Check Target for REACH Registration Dossiers

For more detailed information on these developments, as well as access to the remaining summaries, make sure you download a copy from our website. You can also subscribe to ensure you receive our most recent edition every month.

Groundwater Contaminant Regulation in California: State Water Board Lowers Notification Levels and Announces First Step Towards Developing an MCL for Certain Compounds

By Jonathan King on October 4, 2019 Posted in Chemicals & Products, Energy & Utilities, Environmental Protection, Municipal Utilities, Rulemaking & Policy Development, Water Quality

In June of 2018, the California State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW) provided recommendations for PFOA and PFOS notification levels. On July 13, 2018, the State Water Board released guidelines based on DDW’s recommendations for testing and reporting on two PFAS compounds—PFOA and PFOS. The interim notification level for PFOA was 14 parts per trillion (ppt) and 13 ppt for PFOS. Notification levels are non-regulatory health-based advisory levels established by the DDW for chemicals in drinking water that lack an enforceable regulatory standard called a maximum contaminant levels (MCLs). In addition to setting interim notification levels for PFOA and PFOS, the State Water Board also included an interim response level of 70 ppt combined for PFOS and PFOA whereby if the combined level is exceeded, the State recommended the water system remove the source from service. These guidelines did not require public water systems to test for PFOA and PFOS, but did require water systems voluntarily opting to test to report if the notification levels were exceeded.

On July 31, 2019, AB 756 passed as the California Legislature’s first PFAS-related action. AB 756 adds Section 116378 to the California Health and Safety Code and authorizes the State Water Board to order a public water system to monitor for PFAS in accordance with conditions set by the State Water Board. Practical detection limitations currently reduce the scope of the law to 14-18 compounds. The effect of the legislation is that the State Water Board can now require public water systems to test for PFAS. Continue Reading

Japanese Knotweed, Hybrids and UK Case Law – a growing concern?

By Caroline Almond on September 18, 2019 Posted in Environmental Due Diligence, Environmental Litigation, Environmental Protection, Property Acquisition, Site Remediation & Brownfields Redevelopment, Solid & Hazardous Waste

This blog examines some of the latest developments in relation to the ongoing concerns over Japanese Knotweed and its hybrid forms.

It Has Been A Busy Year For the TSCA Risk Assessment Process

By Gary Pasheilich on September 16, 2019 Posted in Chemicals & Products, Rulemaking & Policy Development, Solid & Hazardous Waste

As 2019 moves into its closing months, US EPA activity under the amended Toxic Substances Control Act (TSCA) remains front and center. As part of US EPA’s three-step process of prioritization, risk evaluation and risk management for existing chemicals, as we previously reported, EPA began in 2016 by identifying the first ten chemicals for risk evaluation under TSCA, which set forth a three-year deadline for completing the evaluations that is supposed to come to a close this December under the statute. TSCA gives US EPA the ability to extend the deadline for finishing the risk evaluations by up to six months if needed, and the Agency has indicated that it likely will do so.

Report Recommends Changes to US EPA’s General Permit for Industrial Stormwater Discharges Ahead of Reissuance

By Erik Lange on September 13, 2019 Posted in Clean Water Act, Rulemaking & Policy Development

Stormwater permitting requirements for many industrial facilities are set forth in US EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) or state permits based on the MSGP. US EPA last issued the permit in 2015, which expires on June 4, 2020. While the current Administration does not appear to be predisposed to the implementation of more onerous environmental permitting requirements, an EPA-funded report has recommended transformative changes to the MSGP. The Agency’s decision whether to incorporate those recommendations into the reissuance of the MSGP will determine whether industrial facilities will need to implement additional stormwater monitoring and control measures in the coming years. Continue Reading

August Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

By Squire Patton Boggs on September 12, 2019 Posted in Air Quality, Chemicals & Products, Energy & Utilities, Environmental Protection, Health & Safety, Water Quality

Electronic News We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our August edition, we summarise 29 developments in the environmental, safety and health sector. Some of the top stories this month include:

Court of Appeal dismisses appeal by Thames Water against £2 million fine imposed by the Crown Court
Construction company fined £1 million and employee, a site supervisor, given suspended custodial sentence following death
Government seek comments on draft Statutory Guidance for proposed implementation of Offensive Weapons Act 2019, including provisions on remote (online) sales of knives and other bladed articles and new offence for sale of corrosive product to underage person
Serious Fraud Office (SFO) Publishes Corporate Co-Operation Guidance
Almost 60 chemical manufacturers commit to re-evaluating the safety data in their reach registration dossiers
Council has approved the purchase and subsequent demolition of houses in an air pollution hot-spot
Boris Johnson has said that the UK’s environmental standards could ‘diverge’ from EU standards after Brexit
The Committee on Climate Change (CCC) has published advice on carbon pricing, including views on the establishment of a UK emissions trading scheme
ECHA launches public consultation on authorisation of chromium trioxide

US EPA Proposes Rule Narrowing States’ Ability to Block Pipeline Projects

By Nicki Hewell on August 30, 2019 Posted in Clean Water Act, Energy & Utilities, Environmental Protection, Rulemaking & Policy Development

Welding on Gas Pipeline On August 7, 2019, US EPA Administrator Andrew Wheeler signed the Agency’s newest proposal to amend the Clean Water Act (CWA) to streamline permitting of energy projects. Specifically, the proposed rule would amend the regulations concerning Section 401 of the CWA. It represents US EPA’s first comprehensive effort to promulgate federal rules governing the implementation of Section 401 of the CWA.

The proposed rule is in response to President Trump’s April 2019 Executive Order 13868 (see our post here), which directs US EPA to revise guidance on the CWA Section 401 certification process and propose new rules to implement CWA Section 401 by August 8, 2019. When announcing the proposed rule, Administrator Wheeler stated: “[T]he United States has become the number one oil and gas energy producer in the world, while at the same time continuing to improve our air quality.” He then noted, “Our proposal is intended to help ensure that states adhere to the statutory language and intent of Clean Water Act. When implemented, this proposal will streamline the process for constructing new energy infrastructure projects that are good for American families, American workers, and the American economy.”

US EPA Proposes to Roll Back Requirements to Control Oil & Gas Industry Methane Emissions

By Sarah Vilms on August 29, 2019 Posted in Air Quality, Energy & Utilities, Mining & Natural Resources, Rulemaking & Policy Development

Oilwell Today, US EPA proposed a rule to roll back the Obama Administration’s rule to control methane emissions from the oil and gas industry. Methane emissions from the oil and gas industry are equivalent to the emissions of one-quarter of all cars in the US, according to US EPA data. Methane emissions are also known to be 25 times more potent than carbon dioxide in contributing to climate change. Overall, methane is responsible for 10 percent of all US greenhouse gas emissions. US EPA has decided to lift the rules that would have controlled for methane emissions, which would have required monitoring, limiting leaks and regular leak inspections for new wells, storage tanks, pipelines and other transmission infrastructure.

The oil and gas industry is reportedly split on the decision. Some argue that “a lack of government backed minimum requirements to curb emissions could undermine the argument that natural gas is a cleaner fuel.” Continue Reading

Is the U.S. Endangered Species Act Itself Now Threatened or Endangered?

By Darin Smith on August 27, 2019 Posted in Administrative Procedures Act, Environmental Protection, Rulemaking & Policy Development

Red Wolf at Rest On August 12, 2019, the U.S. Department of the Interior (DOI) unveiled three final rulemakings that will have a significant impact on the future implementation of certain portions of the Endangered Species Act (ESA). According to DOI, the new regulations are “designed to increase transparency and effectiveness and bring the administration of the [ESA] into the 21^st century.” On the other hand, numerous environmental advocacy groups voiced swift and strong opposition to what they commonly see as “dramatic rollbacks” that will “weaken the critical and popular environmental law.” And, it appears that the final rules still face an uphill climb as Democrats in Congress, such as U.S. Senator Tom Udall (D-N.M.), vowed to “block this dangerous rollback” and “consider stopping these regulations by any means.” Continue Reading

Why Are We Still Talking About California Prop 65?

By Danelle Gagliardi on August 16, 2019 Posted in Chemicals & Products, Health & Safety, Product Safety, Rulemaking & Policy Development

For readers who have been following us, you have likely seen our posts tracking California’s consumer right to know law, Prop 65, along with its new amendments and significant litigation. You may think, what more is there to write about a law that is only effective in one state?

As it turns out, quite a bit, especially now that Prop 65’s influence seems to have spread to other states. We have written previously about Prop 65’s far-reaching impact on companies, nationwide and internationally, doing business in California. Now, New York has proposed and Washington State has passed laws similar to Prop 65. These other laws could also have far-reaching effects for companies.