Category: EPA

A man's hand in a blue glove takes a close-up of water into a test tube to measure water pollution
EPA / PFAS
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Update RE: EPA’s Proposed PFAS Rule Comment Period

In 2024, the EPA proposed a PFAS rule with a January 17, 2025, comment deadline in response to questions from the industry regarding the effective date of supplier notifications for mixtures or trade name products containing a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Stakeholders questioned whether the supplier notification requirements for PFAS begin on January 1, 2025, when PFAS were to be added to the statutory TRI chemical list, or upon EPA completing a rulemaking …

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Spraying trees against pests
EPA / Water Contamination
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Green Groups Urge Ninth Circuit to Push EPA on Atrazine Re-evaluation

Environmental groups are once again urging the Ninth Circuit Court of Appeals to compel the U.S. Environmental Protection Agency (EPA) to expedite its re-evaluation of atrazine, a widely used herbicide with significant environmental and health concerns. This legal push highlights the ongoing struggle between regulatory bodies and environmental advocates over the safety and regulation of chemical substances in agriculture.

Atrazine is one of the most commonly used herbicides in the United States, primarily applied to control broadleaf and grassy weeds in crops like corn, …

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Semi trucks parked
California / EPA
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California Withdraws EPA Waiver Request for Zero-Emission Advanced Clean Fleet Regulations

California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require commercial truckers to switch to using zero-emissions vehicles in accordance with the CARB’s Advanced Clean Fleets regulation (ACF).

Had it been granted a waiver, CARB would have been allowed to put into effect the drayage and “high priority fleets” provisions of the ACF. CARB first requested this wavier …

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Dioxane
Emerging Issues / EPA
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EPA Finishes Risk Evaluation of 1,4-Dioxane under TSCA, Initiates Risk-Management Actions

Over the last six years, our firm has written extensively about 1,4-Dioxane, from U.S. EPA’s proclamations to state laws and regulations, litigation, and distinctions between federal and state perspectives. (see compilation of blog posts here.)

Today we are providing an update on the EPA’s final revised Unreasonable Risk Determination for 1,4-Dioxane, which includes new air and water exposure pathways that had not been previously evaluated, as well as evaluation of 1,4-Dioxane generated as a byproduct. 

According to EPA, 1,4-Dioxane is primarily used as …

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EPA Offices, Washington DC
EPA / PFAS
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EPA Continues Removing Confidential Business Info and De Minimis Exemptions for PFAS Chemicals

While ringing in the New Year, the Environmental Protection Agency announced the addition of nine per- and polyfluoroalkyl (PFAS) substances to the list of chemicals covered by the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA), making them the latest PFAS that can no longer be claimed as confidential business information. 

These chemicals include the following:

  • Ammonium perfluorodecanoate (PFDA NH4) (3108-42-7)
  • Sodium perfluorodecanoate (PFDA-Na) (3830-45-3)
  • Perfluoro-3-methoxypropanoic acid (377-73-1)
  • 6:2 Fluorotelomer sulfonate acid (27619-97-2)
  • 6:2 Fluorotelomer sulfonate anion (425670-75-3)
  • 6:2
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Smoke emission from powerfull SUV car with exhaust pipe
Emissions / EPA
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SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

    In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to grant California a waiver to set its own greenhouse gas (GHG) emissions standards for vehicles. This decision leaves in place California’s ability to implement stricter emission rules, marking a key moment in the ongoing battle over federal and state environmental regulations.…

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    EPA Offices, Washington DC
    EPA / PFAS
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    EPA Rule Kills Trichloroethylene and Cripples Perchloroethylene

    Our blog has written on EPA’s placement of Trichloroethylene (TCE on the chopping block and the phase down of Perchloroethylene (PCE). And early this week, the Environmental Protection Agency finalized those proposed rules with the latest risk management regulations for those two chemicals.

    Under the rule, “all uses of TCE will be banned over time (with the vast majority of identified risks eliminated within one year), and safer alternatives are readily available for the majority of uses.” Further, the rule will “ban[] manufacture, processing and distribution …

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    Smoke-stacks-view-from-above
    Emissions / EPA
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    Waste Not, Charge Not: EPA Finalizes Waste Emissions Charge for Petroleum and Natural Gas Industries

    The Environmental Protection Agency announced on Nov. 12 its final rule to further reduce methane emissions from oil and gas industries as required under the Inflation Reduction Act. 

    In particular, Congress established a Waste Emissions Charge for high-emitting oil and gas facilities once emissions exceed 25,000 metric tons of carbon dioxide equivalent per year to the Greenhouse Gas Reporting Program. Coupled with the final Clean Air Act standards issued in March, the Waste Emission Charge is a central component of EPA’s efforts to reduce methane …

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    Smoke from chimney
    EPA / Litigation
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    Frustrated by EPA’s Delay on Air Quality, Environmental Groups Tell the Agency: “NOx it Off!”

    Nitrogen Oxide (NOx) is a very reactive, brown-hued gas commonly produced when fuels are burned at high temperature by motor vehicles, chemical plants, etc. Industries will often intentionally oxidize NOx to produce lacquers, dies, and Nitric Acid, which is basic component in both fertilizers and explosives. When NOx is released into the atmosphere as an industrial byproduct, the results contribute substantially to smog, ozone depletion, and acid rain. More directly, exposure to NOx by humans can result in respiratory difficulty and eye, nose, and throat …

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    Golden Gate bridge
    Clean Water Act / EPA
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    Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

    During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. (Audio of the roughly 90-minute proceedings can be found here.)

    This case marks the court’s first look at the Clean Water Act following its decimation last term of the Chevron deference doctrine in Loper Bright Enterprises v. Raimondo (covered by ELM here), in which the court reversed long-standing precedent to hold that federal courts must exercise …

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