Tag Archives: US EPA

FDA Announces End of PFAS Use in US Food Packaging

On February 28, 2024, the Food and Drug Administration (“FDA”) published a news release regarding the voluntary market phase-out of per and polyfluoroalkyl substances (PFAS) in grease-proofing substances used on food packaging. The FDA stated that the completion of this phase-out “eliminates the primary source of dietary exposure to PFAS from authorized food contact uses.”… Continue Reading

US Supreme Court Narrows the Definition of “Waters of the United States” with Respect to Wetlands for Purposes of Federal Jurisdiction under the Clean Water Act

On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to … Continue Reading

Heavy-Duty Regulatory Update: Reviewing US EPA’s Waiver for CARB’s Advanced Clean Trucks Regulations and US EPA’s Proposed Phase 3 GHG Emissions Standards

Our team at Squire Patton Boggs monitors developments surrounding the heavy-duty vehicle and engine sector.  Our last blog post on this topic covered updates on US EPA’s proposed Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and California Air Resources Board’s (CARB’s) rulemaking for off-road diesel engine regulations.  In this … Continue Reading

US EPA Proposed Clean Air Act Endangerment Finding Targets Aviation Fuel

Lead was once a common additive in fuels, paints, glasses, batteries, pipes, ceramics, and more.  As the health effects of lead exposure came to be better known, Congress and EPA began targeting lead pollution under a variety of laws and regulations governing air and water pollution, including the Toxic Substances Control Act, Residential Lead-Based Paint … Continue Reading

Environmental Justice for All: Expanding the US Environmental Justice Movement Through Permitting Decisions

Our team at Squire Patton Boggs continues to track environmental justice matters as the landscape evolves according to Biden Administration executive orders.  We have previously posted on environmental justice considerations in affordable housing and have updated readers on environmental justice initiatives under the Biden Administration.  This post explores how environmental justice considerations under Title VI … 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

The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward

As the US Department of Justice (DOJ) begins to revive the use of Supplemental Environmental Projects (SEPs), it is likely that they will appear again with increasing frequency in settlement agreements moving forward.  DOJ received comments through July 11, 2022 on its interim final rule to revoke the Trump-era regulation that prohibited payments to non-governmental, … 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

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

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

US EPA Issues Best Practices for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools and Homes

On April 29, 2020, US EPA and the CDC issued guidance on how best to disinfect and clean workplaces, schools, and other public spaces as the US economy begins to re-open during the COVID-19 pandemic. The guidance, mainly directed to employers, facility managers, and public school officials, is part of the larger federal “Guidelines for … Continue Reading

US EPA and the Corps Finally Publish Their Definition of “Waters of the United States” Narrowing the Scope of Federal Jurisdiction Under the Clean Water Act

On April 21, 2020, the United States Environmental Protection Agency (US EPA) and the United States Army Corps of Engineers (Corps) published, in the Federal Register, their final rule (2020 Rule) revising the definition of “waters of the United States” and narrowing the scope of waters subject to federal regulation under the Clean Water Act. … Continue Reading

OMB Directs US EPA and Other Federal Agencies to Refocus on Mission-Critical Functions Amidst Coronavirus Pandemic; OECA Guidance on Implications for Enforcement and Compliance Forthcoming

Last week, the Office of Management and Budget (OMB) issued guidance to the heads of federal departments and agencies titled, “Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19.”  The guidance directs agencies to “prioritize all resources to slow the transmission of COVID-19, while ensuring our mission-critical activities continue.”  Under the guidance, agencies … 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

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

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 … Continue Reading

Asbestos Receiving Renewed Attention in Light of Additional US EPA Assessments under TSCA and Potential Ban by Congress

Asbestos is in the hot seat these days and is receiving significant attention from both US EPA and Congress.  In particular, US EPA continues to evaluate asbestos risks under the Toxic Substances Control Act (TSCA) and has imposed additional regulations, while Congress is currently considering an outright ban on the substance. On April 25, 2019, … Continue Reading

Groups Request Comment Period Extension on US EPA’s Proposed Rule Banning the Use of “Secret Science”

US EPA announced on April 24, 2018 that EPA Administrator, Scott Pruitt, had signed a proposed rule to strengthen the science used in regulations issued by US EPA. The proposed rule, “Strengthening Transparency in Regulatory Science,” was published on April 30, 2018 and would require that – where scientific studies are pivotal to US EPA’s regulatory action … Continue Reading

California Threatens Lawsuit Against US EPA as Pruitt Threatens to Roll Back Emissions Standards

In 2012, California, the Obama Administration, and major US automakers agreed (2012 Agreement) to nearly double fuel efficiency fleet-wide by 2025, raising the average fuel economy of new cars and light trucks to more than 50 MPG, or roughly 36 MPG in real-world driving. As part of the 2012 Agreement, a midterm review was scheduled … Continue Reading

US EPA Proposes New Toxic Substances Control Act Fee Rule

On February 26, 2018, the US Environmental Protection Agency (US EPA) formally issued its proposed rule to charge new “user fees” under the amended Toxic Substances Control Act (TSCA).  The amended TSCA authorizes US EPA to charge fees for a variety of activities under TSCA sections 4, 5 and 6, totaling up to 25% of … Continue Reading

New US EPA Memorandum Suggests a Hand’s-Off Approach to NSR Applicability Determinations

On December 7, 2017, US EPA Administrator Scott Pruitt issued a memorandum to all Regional Administrators to offer guidance regarding the Agency’s interpretation of New Source Review (NSR) preconstruction permitting requirements in response to recent decisions from the Sixth Circuit in EPA v. DTE Energy Co.  Highlighting the lack of unanimity among the individual Sixth … Continue Reading

D.C. Circuit Strikes Down Portions of the RCRA Definition of Solid Waste Rule

On July 7, 2017, the D.C. Circuit Court of Appeals issued a decision striking down portions of US EPA’s Definition of Solid Waste (DSW) Rule, which defines when certain hazardous secondary materials (i.e. recyclable materials generated as the remainder of industrial processes) become “discarded” and thus subject to regulation as a solid waste.  The Rule, … Continue Reading

Superfund Financial Assurance Rules: Chemical, Coal, Petroleum & Electric Power Industries Face Upcoming US EPA Rulemaking

On December 1, 2016, the US EPA Administrator signed two documents about financial assurance – effectively bonding for facility cleanup – under Superfund for several industry sectors. The longer document with the shorter deadline concerned the hard rock mining and mineral processing industries, proposing specific costly rules, on which comments are due around March 13.  … Continue Reading

Proposed Settlement Agreement Requires US EPA to Promulgate Perchlorate Regulations by the End of 2019

US EPA recently agreed in federal court to engage in a rulemaking process over the next three-plus years which would culminate in the promulgation of final perchlorate regulations by December 19, 2019. Perchlorate remains the only unregulated contaminant for which US EPA has made a final determination to regulate since the Safe Drinking Water Act (SDWA) was amended in … Continue Reading

US EPA Proposes Rules Governing Financial Responsibility for Hard Rock Mines & Processing Facilities

On December 1, 2016, US EPA Administrator Gina McCarthy complied with a court order and signed a proposed Superfund rule to require facilities in the hard rock mining industry to provide financial assurance for cleanup and related environmental costs, as required by Section 108(b) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). 42 … Continue Reading
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