Category: EPA

CERCLA / EPA
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EPA Final Rulemaking Will Not Require Additional Financial Assurance Requirements for Cleanups at Industrial Sites

On November 25, 2020, the U.S. Environmental Protection Agency (EPA) announced it finalized rulemaking on financial assurance requirements for the Electric Power Generation, Transmission and Distribution; Petroleum and Coal Products Manufacturing; and Chemical Manufacturing industries. The EPA determined the financial risks from facilities in these industries are addressed by existing state and federal regulations and modern industry practices, which mitigate risks inherent in these industries and cover the costs of cleaning up hazardous substance releases.

The final rulemaking relates to section 108(b) of the Comprehensive …

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Emerging Issues / EPA
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NDMA―Hiding in Plain Sight

Last month, extended release (ER) Metformin―an oral diabetes medicine that helps control blood sugar levels―joined a small-but-expanding list of prescription drugs, including Valsartan (for blood pressure) and Zantac (for heartburn), that were recalled by manufacturers because it may contain amounts of N-nitrosodimethylamine (NDMA) above the acceptable intake limit.

NDMA is a semi-volatile, odorless yellow oil that can form naturally or unintentionally through industrial processes, and is also found naturally at low levels in many foods, such as roasted meats, cheese, and beer, because of cooking …

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EPA
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U.S. EPA’s Supplemental Analysis of 1,4-Dioxane Finds No Unreasonable Consumer Risks for Six Separate Categories of Potential Exposure

On November 20, 2020, the U.S. Environmental Protection Agency (EPA) issued a supplemental analysis to the draft risk evaluation of 1,4-dioxane under the Toxic Substances Control Act. The supplemental analysis was developed in response to public and peer review comments to the draft risk evaluation, which our blog previously reported on here.

The EPA’s risk evaluation states that 1,4-dioxane is a “likely human carcinogen” that is “highly mobile” and “does not readily biodegrade in the environment.” However, the draft risk evaluation notes “(n)o unreasonable …

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Emerging Issues / EPA
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EPA Releases Compliance Advisory for UV Devices Designed to Kill Germs, Bacteria, and Viruses

In the midst of the COVID-19 pandemic and the resultant shortage of traditional household disinfectant products such as wipes and sprays, numerous ultraviolet (UV) devices have been marketed to consumers with claims that they kill germs, bacteria, and viruses. What some may not know is that UV lights that are sold or distributed with these claims are subject to various federal regulation, including the Federal Insecticide, Fungicide, and Rodenticide Act (FIRA), which governs the registration, distribution, sale, and use of pesticides in the United States. …

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Agriculture / EPA
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Following Ninth Circuit’s Ban, EPA Approves Use of Dicamba Herbicide Until 2025

Over the last few years, the Environmental Law Monitor has monitored regulatory and litigation matters on dicamba herbicide used by farmers to combat broadleaf weeds that have developed resistance to other herbicides (see prior posts here.)

In June 2020, the U.S. Court of Appeals for the Ninth Circuit ordered a ban on certain dicamba products, which vacated the U.S. Environmental Protection Agency’s (EPA) prior approval and required it to conduct a new review. However, in late October, the EPA renewed its approval …

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EPA
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Flint Water Crisis Ruling May Signal Expansion in EPA Liability

The now-infamous Flint water crisis arose when the city of Flint, Michigan, changed the source of its water supply from the Detroit Water and Sewerage Department to the Flint River. The raw water drawn from the Flint River, processed through Flint’s outdated and previously mothballed water treatment plant, was highly corrosive and not properly treated by the city’s public works department. As a result, water with excessive lead and copper levels flowed through the city and into residents’ homes, causing them physical injury and damage …

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Clean Air Act / EPA
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What the EPA’s Reclassification of Information Under Clean Air Act Means

Earlier this month, the Environmental Protection Agency (EPA) issued a prepublication version of a final rule under the Clean Air Act (CAA) that permits major sources of hazardous air pollutants (HAP) to reclassify as sources if the source reduces its potential to emit HAPs below the major source threshold (10 tons per year of any single HAP or 25 tons per year of any combination of HAPs). In addition, the rule is design to finalize amendments to clarify the compliance dates, notifications, and recordkeeping requirements …

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EPA
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On Second Thought: U.S. EPA Issues 2020 Steam Electric Reconsideration Rule

This week, the U.S. EPA finalized a rule relaxing Obama-era standards for disposal of wastewater from coal-fired power plants. The Trump administration has characterized the new rule as a means of reducing pollution and saving jobs at the same time, while environmentalists decry the new rule as a threat to the nation’s waterways and the health of those who live near affected power generation facilities.

In 2015, the EPA issued a final rule regulating discharges from steam electric power plants, including arsenic, lead, mercury, selenium, chromium, …

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EPA / New York / PFAS / Water Contamination
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Empire State Adopts MCL for 1, 4-Dioxane, PFOA, and PFOS

On July 30, 2020, New York’s Public Health and Health Planning Council voted in support of maximum contaminant levels (MCLs) for PFOA and PFOS—the two most well-known per- and polyfluoroalkyl substances (PFAS). The Council voted to set the MCLs for both chemicals at 10 parts per trillion—among the lowest levels adopted by any state, and significantly lower than the U.S. EPA’s current guidance levels of 70 ppt.

Another chemical—1, 4-Dioxane—also has an MCL of 1 part per billion now. New York announced that this regulation …

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Emissions / EPA
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Is a Watchdog’s Bark Worse Than its Bite? Inspector General Begins Probe of EPA’s New Vehicle Emissions Rule

The Office of the Inspector General of the United States Environmental Protection Agency is beginning an investigation into “potential irregularities” in the adoption of new regulations related to vehicle emissions. The evaluation arose after a former Environmental Protection Agency employee complained that career staff were not involved in the creation of the new rules.

The notice from the Office of Inspector General also credits Senator Tom Carper (D-Del.) for initiating the investigation and notes that the Office of Inspector General will determine whether the rule …

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