EPA Announces Three Actions Regarding PFAS
On February 20 and 24, 2020, the EPA announced three developments under its action plan for per- and polyfluoroalkyl substances (PFAS Action Plan).
Tag: Chemicals
EPA Says CERCLA Financial Assurance Not Required for Chemical Companies
The EPA is moving steadily along its apparent path of concluding that it is not necessary to require that facilities in certain industrial sectors comply with the financial responsibility requirements of Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In its latest action, the Agency is proposing not to […]
TSCA Fees: EPA Issues Preliminary List of Affected Manufacturers
The EPA has published preliminary lists of manufacturers (including importers) that will need to pay fees to defray the costs of risk evaluations the Agency must perform on 20 substances that have been designated high priorities under Section 6 of the Toxic Substances Control Act (TSCA). Each of the 20 high-priority substances has been matched […]
CSB’s Subpoena Power Extends to Potential Chemical Releases
The authority of the U.S. Chemical Safety and Hazard Investigation Board (CSB) to subpoena information relating to potential future risks was affirmed by a panel of judges with the U.S. Court of Appeals for the 9th Circuit.
EPA Identifies 20 High-Priority Chemicals for Risk Evaluations
The EPA has issued its final list of the first 20 high-priority chemical substances in commerce that will undergo Agency risk evaluations over the next 3 years. The risk evaluation process for existing chemicals is arguably the most consequential part of the 2016 amendments to the Toxic Substances Control Act (TSCA).
CSB Proposes Regs on Chemical Release Incident Reporting
The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed a rule that would require owners and operators of stationary sources to report basic information about accidental chemical releases.
EPA Pursues Data for Possible TRI Listing of Some PFAS
In its February 2019 Action Plan for per- and polyfluoroalkyl substances (PFAS), the EPA said it planned to consider listing some PFAS under the federal Toxics Release Inventory (TRI) (Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 6607 of the Pollution Prevention Act (PPA)). The Agency has now taken the […]
Court Denies Most Challenges to TSCA Risk Evaluation Rule
An assemblage of environmental, public health, and worker rights groups filed three challenges in the U.S. Court of Appeals for the 9th Circuit against the chemical Risk Evaluation Rule the EPA issued in July 2017 as required by the 2016 amendments to the Toxic Substances Control Act (TSCA). Petitioners also challenged aspects of the Agency’s […]
PFAS: What We Know, What’s Being Studied, and the Laws
Many stakeholders are following—or should be following—the federal government’s plans to address the impact of per- and polyfluoroalkyl substances (PFAS) on human health and the environment. There is a lot to follow. PFAS are a family of chemicals first synthesized in the 1940s. It is a very large family. According to the EPA’s February 2019 […]
Chemical CBI Claims: Reverse Engineering Questions Proposed by EPA
The EPA is proposing to add two questions to the list of questions chemical manufacturers (which include importers) and processors must answer to substantiate claims that the identities of chemicals must be protected from public disclosure. Both questions relate to reverse engineering, defined as a process “to disassemble and examine or analyze in detail (a […]