9th Circuit: EPA’s Review of Methylene Chloride Will Remain Limited for Now

Methylene chloride (MC) is used as a paint-stripping solvent, an aerosol propellant, in the manufacture of film, and as a solvent in drug manufacturing. In the research laboratory and in food production, it is commonly used for extractions. It has also been clinically demonstrated to cause liver and lung cancer in animals and may be a carcinogen to humans, causing severe irritation and burning to the skin and eyes with exposure above recommended levels.

Because of these risks and in response largely to public pressure, …

Continue Reading

EPA Reroutes a “Path Forward” for TSCA Chemical Risk Assessments

In response to recent Executive Orders issued by President Biden, the U.S. Environmental Protection agency recently announced that it will be changing how it evaluates chemical risk under the Toxic Substances Control Act (TSCA). These changes will affect risk evaluations going forward, as well as 10 chemicals already evaluated by the EPA under the last administration. The EPA stated that the policy change is meant to ensure the public is protected from unreasonable risks from chemicals in the marketplace while relying on support that is …

Continue Reading
Chemical hazard pictograms Toxic focus

EPA Increases Pressure on Manufacturers (and Importers) of TSCA High-Priority Substances

On June 29, 2021, the U.S. EPA published a final rule requiring manufacturers (including importers) of 50 specified chemical substances to report certain lists and copies of unpublished health and safety studies to EPA. 86 Fed. Reg. 34147. The EPA’s final rule was issued pursuant to Section 8(d) of the Toxic Substances Control Act (TSCA) and the TSCA Health and Safety Data Reporting rule codified at 40 C.F.R. Part 716. The EPA established detailed reporting requirements for chemical substances added by the final rule to …

Continue Reading

Supreme Court Sides with Refineries in Battle over Exemptions from Fuel Blending Requirements

In a 6-3 ruling on June 25, 2021, in HollyFrontier Cheyenne Refining LLC et al. v. Renewable Fuels Association et al., the Supreme Court of the United States (SCOTUS) sided with the oil refineries in a dispute with biofuel producers. The ruling overturned a Tenth Circuit decision that voided extensions of waivers from the Renewable Fuel Standard (RFS) requirements under the Clean Air Act granted by the United States Environmental Protection Agency (EPA), even though the prior exemptions had expired.

Renewable Fuel Program

Under the …

Continue Reading

A Change is Gonna Come … (and it’s kinda sorta already here)

The legendary singer/songwriter Sam Cooke may have intended for his 1964 anthem, “A Change is Gonna Come,” to be a protest song to surreptitiously fuel the civil rights movement and its pursuit of social justice, but little did he know the soulful R&B melody may realize its revival in the Biden administration as the U.S. Environmental Agency’s (EPA’s) new battle cry for environmental justice.

The EPA defines environmental justice (EJ) academically as “the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, …

Continue Reading

EPA Releases Historic Climate Change Indicators Report

After a four-year gap, the Environmental Protection Agency (EPA) resumed its issuance of climate change indicators reporting on Wednesday May 12, 2021. The newly released data, which used 54 separate indicators, provides the federal government’s most comprehensive and up-to-date public release of information to date and demonstrates that an ever-increasing warming trend world is making life more difficult in the United States. The report’s issuance is conveniently timed as the Biden administration is taking aggressive action to address the pollution challenges that contribute to global …

Continue Reading

A Second Bite at the PFAS: House of Representatives Passes PFAS Action Act of 2021; Similar to Act Passed in 2020

Recently, lawmakers in the U.S. House of Representatives introduced a bill—the PFAS Action Act of 2021—that would require the Environmental Protection Agency (EPA) to begin regulating perfluoroalkyl and poly-fluoroalkyl substances (PFAS) in drinking water.

The legislation would require the EPA to establish a national drinking water standard within two years for perfluorooctanoic acid (PFOA) and perfluoroactanesulfonic acid (PFOS)—the two most scrutinized PFAS chemicals. Currently, the EPA has a voluntary guidance level of 70 parts per trillion for both PFOA and PFOS combined.

The bill requires …

Continue Reading

EPA Releases Updated Toxicity Assessment for PFBS

On April 8, 2021, the U.S. Environmental Protection Agency (EPA) released an updated toxicity assessment for perfluorobutane sulfuric acid (PFBS). This assessment comes as part of the EPA’s larger PFAS Action Plan, aimed to increase the amount of research and publicly available information on chemicals in the PFAS family.

PFBS, which is part of the larger group of PFAS compounds, is a replacement chemical for perfluorooctane sulfonate (PFOS), which is no longer used in United States manufacturing. PFBS is mainly used as surfactants and repellants …

Continue Reading

Changes in EPA Audit Policy Q&A Promotes Voluntary Self-Disclosure

In early February, the Environmental Protection Agency (EPA) updated the Frequently Asked Questions (FAQs) regarding its audit policy program, which is officially called, “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” (Audit Policy). The purpose of the Audit Policy, originally effected in 1996, is to safeguard human health and the environment by, according to the EPA, “providing several major incentives for regulated entities to voluntarily discover and fix violations of federal environmental laws and regulations.” 

These major incentives are: 

  • Significant penalty reductions
  • No
Continue Reading

U.S. EPA Issues Final Risk Evaluation for 1,4-Dioxane

We recently wrote about the U.S. Environmental Protection Agency’s (EPA) supplemental analysis on consumer uses of 1,4-dioxane under the Toxic Substances Control Act (TSCA). Now the EPA has issued its final risk evaluation for the chemical, setting the stage for potential future regulation.

1,4-dioxane was selected in 2016 as one of the first 10 chemicals for risk evaluation under section 6 of TSCA. In general, the chemical is likely present at many sites contaminated with certain chlorinated solvents because of its widespread use as a …

Continue Reading