Tag Archives: EPA

US EPA’s Submission of Reconsidered Fugitive Emissions Rule Signals Movement Forward on Agency Air Permitting Initiatives

While the US has begun considering the implications of the US Supreme Court’s monumental June 28, 2022 opinion addressing air emissions from power plants, without much fanfare US EPA sent a proposed rulemaking to the White House Office of Management & Budget (OMB) for pre-publication interagency review that could be significant for “major source” air … Continue Reading

US EPA Resurrects Long-Dormant DINP Rulemaking

While rulemakings under the Administrative Procedure Act typically take several years from proposal to enactment, that can vary significantly.  While some rules run a fairly standard course, others languish for years with no action nor any apparent reason for inaction.  EPA’s recent revival of a proposed rule that is now, were it a person, old … 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 Supreme Court Limits EPA’s Authority to Regulate Carbon Emissions from Existing Power Plants Under Major Questions Doctrine with Implications for Agency Rulemaking Generally

On June 30, 2022, the US Supreme Court held that the Obama-era Clean Power Plan (CPP) “[c]apping carbon dioxide emissions at a level that [would] force” energy generation shifting from coal to natural gas to renewables nationwide was not within the statutory authority that Section 111(d) of the Clean Air Act (CAA), codified as 42 … Continue Reading

US EPA Announces Drinking Water Health Advisories for Certain PFAS Chemicals

On June 15, 2022, US EPA issued its prepublication notice announcing final drinking water health advisories for PFBS and GenX, as well as interim drinking water health advisories for PFOA and PFOS.1 In this publication, we discuss US EPA’s recent announcement and consider how it could impact industries moving forward: Drinking Water Advisory Levels for … Continue Reading

Heavy Duty Regulatory Update: CARB & US EPA Proposed Rulemaking for NOx Heavy-Duty Offroad and Onroad Truck Standards

Our team at Squire Patton Boggs continues to track recent regulatory developments for the heavy-duty vehicle and engine sector. In our last blog post on this topic, we covered US EPA’s Cleaner Trucks Initiative, the California Air Resources Board’s (CARB’s) heavy-duty engine and vehicle omnibus regulation, and CARB’s Advanced Clean Trucks Regulation. US EPA Heavy-Duty … Continue Reading

Crunch Time for Critical Minerals in the US

Following up on Squire Patton Boggs’s continuing coverage of the critical minerals industry, we examine some recent reforms in the federal permitting process which aim to ease supply-side constraints by expediting the development and exploitation of critical minerals. Rapidly mounting geopolitical tensions, East/West decoupling, and longstanding supply chain stresses underlie a new reality—global logistics now … Continue Reading

Update on Environmental Justice Initiatives Under the Biden Administration

During his campaign and with several Executive Orders issued during his first week in office, President Biden made clear that environmental justice (EJ) reforms are a priority of his Administration.  So, where are we one year into his Presidency?  This post provides a brief update on federal programs, initiatives and policies aimed at environmental justice … Continue Reading

Clearing the Air: US EPA Looks to Revamp Pyrolysis and Gasification Regulations

One man’s trash is another man’s treasure.  In this case, one man’s solid waste, commercial and industrial waste, biomass, plastics, tires, and organic contaminants are another man’s energy, fuel, and commodity chemicals thanks to waste conversion technologies generally known as pyrolysis and gasification.  For years, these waste conversion technologies have been regulated under a patchwork … Continue Reading

US EPA Takes AIM at HFCs

It’s déjà vu all over again.  Over the course of more than thirty years, EPA and industry partners successfully wound down usage of ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) under the Significant New Alternatives Policy (SNAP) in Title VI of the Clean Air Act, enacted following the 1987 Montreal Protocol.  Under SNAP, HCFCs and CFCs … Continue Reading

Movement on US House and Senate Energy Packages

On Monday, the White House released its statement of administration policy (SAP) threatening to veto the proposed clean energy package from the House of Representatives (H.R. 4447). Trump Administration policy advisors argued that the legislation would reinstate “big government policies and programs” and “undermine the Administration’s regulatory agenda.” Specifically, the SAP criticizes workforce development provisions … Continue Reading

Heavy Duty Engine Regulatory Update: US EPA Enforcement Discretion and CARB Proposed Rulemaking

We are continuing to follow regulatory developments proposed for the heavy-duty vehicle and engine sector.  In our most recent blog post on the topic, we covered updates on timing for the United States Environmental Protection Agency (US EPA) Cleaner Trucks Initiative and the California Air Resources Board’s (CARB) efforts related to Heavy-Duty Low NOx Omnibus … Continue Reading

Flexibility for Transactional and Regulatory Requirements in the Wake of COVID-19

In a little over a couple of months, the COVID-19 outbreak has dramatically altered the landscape of business. Companies are struggling to cope with massive uncertainty and an array of unforeseen challenges, including everything from supply chain and revenue disruptions caused by reduced consumer demand, to staffing shortages, travel restrictions, business closures, and other such … Continue Reading

We Finally Have the US Supreme Court Decision in Atlantic Richfield, But Who Really Won?

On April 20, 2020, the US Supreme Court issued its much-anticipated decision in Atlantic Richfield Co. v. Gregory Christian. In short, the Court held that the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) does not strip Montana state courts of jurisdiction over landowners’ claims for restoration damages; but the Court also held … Continue Reading

US EPA Issues New Guidance for Hazardous Waste Cleanup & Emergency Response Sites Impacted by COVID-19

On April 10, 2020, US EPA issued updated interim guidance to regional offices for dealing with the “challenges posed by the COVID-19 situation.” The guidance applies to all US EPA field activities, including cleanup under the Superfund program, RCRA corrective action, TSCA PCB cleanup provisions, the Oil Pollution Act, and the Underground Storage Tank program. … 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 Offers Advice to NPDES Permittees on Documenting COVID-Related Noncompliance While Environmental Groups Seek More Stringent Reporting Requirements

On March 26, 2020, US EPA issued a temporary policy regarding enforcement of routine monitoring, recordkeeping, and reporting violations caused by the COVID-19 pandemic.  As discussed in an earlier blog post, US EPA’s temporary policy sets out the Agency’s overall policy to exercise of enforcement discretion during the COVID-19 pandemic and generally not seek penalties … Continue Reading

US EPA Revises TSCA Chemical Data Reporting Requirements and Extends Deadline for 2020 Reporting Period

With the 2020 reporting period under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule rapidly approaching, the US Environmental Protection Agency (US EPA) has announced a number of key changes to the information that chemical manufacturers and importers must submit to the agency pursuant to the CDR rule.  US EPA also announced … Continue Reading

US Supreme Court Grapples with Balancing Landowners’ Rights Against CERCLA Authority

Two months ago, the US Supreme Court heard oral arguments in Atlantic Richfield Co. v. Gregory Christian. The case is critically important to environmental lawyers in the United States because it may alter the operation of Congress’s Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) scheme for environmental remediation. CERCLA gives EPA broad … Continue Reading

California Holds Technical PFAS Seminar to Inform Public of State of Science and Possible Future Drinking Water Regulations

Last month, the California State Water Resources Control Board (State Board) hosted a comprehensive two-day seminar on per- and polyflouroaklyl substances (PFAS) in California. PFAS are a family of an estimated 4,000-6,300 chemical compounds that have a variety of applications due to their stability in the environment.  Although some reports suggest that these chemicals are … Continue Reading

US EPA Proposes New Rule Modernizing and Streamlining EAB Review Process

On November 6, 2019, the U.S. Environmental Protection Agency (US EPA) proposed a new procedural rule titled “Modernizing the Administrative Exhaustion Requirement for Permitting Decisions and Streamlining Procedures for Permit Appeals” (the Proposal). The Proposal represents the first update to the Environmental Appeals Board (EAB) in 27 years. Specifically, the Proposal would impact the EAB’s … Continue Reading

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

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 … Continue Reading

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

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 … Continue Reading

DC Circuit Upholds US EPA Decision Not to Issue New Financial Assurance Requirements for the Hardrock Mining Industry

On July 19, 2019, the D.C. Circuit issued its decision in Idaho Conservation League v. Wheeler, upholding US EPA’s decision not to issue financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  The requirements, if adopted, would have cost the hardrock mining industry … Continue Reading
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