Environmental & Safety Law Update

Category Archives: Environmental Compliance

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DHS Chemical Facilities Take Note GAO Suggested Need For Enhanced Enforcement

Posted in Chemical Safety, Emergency Planning, Environmental Compliance, OSHA Compliance

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Government Accountability Office (GAO) has just issued a report on Critical Infrastructure Protection with a finding that Department of Homeland Security (DHS) action is needed to verify chemical facility information and to better manage its compliance process. Report to Congress, GAO-15-614 (July 2015).

Risk Level for Facilities

The Report states … Continue Reading

EPA Finds Low Potential Impacts on Drinking Water from Hydraulic Fracturing

Posted in Alternative Energy, CAA, Chemical Safety, CWA, Environmental Compliance

By Patrick D. Joyce and Craig B. Simonsen

The U.S. Environmental Protection Agency released a draft assessment study last week showing that hydraulic fracturing (“fracking”) activities in the U.S. may have potential impacts on the water lifecycle, affecting drinking water resources. 80 Fed. Reg. 32111 (June 5, 2015).

The report, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil Continue Reading

EPA Takes Positions on Vapor Intrusion

Posted in Brownfields, Due Diligence, Environmental Compliance, Investigations/Inspections, Superfund, Vapor Intrusion

By Jeryl L. Olson and Craig B. Simonsen

In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion.

First, it announced it had submitted a draft rule to the White House OMB seeking to add vapor intrusion to the pathways evaluated under the Hazard Ranking Scoring (HRS) System for … Continue Reading

EPA Publishes Final Rule Expanding Definition of “Waters of the United States” Under the Clean Water Act

Posted in CWA, Environmental Compliance, Environmental Enforcement

By Jeryl L. Olson, Andrew H. Perellis and Patrick D. Joyce

The EPA and Army Corps of Engineers recently released its Final Clean Water Rule: Definition of “Waters of the United States.”

We had previously blogged about the Agency’s draft of the proposed rule that was distributed in November, 2013 as well as a “clarification” of the proposed ruleContinue Reading

Impact of California Appellate Decision on Proposition 65 Actions Unclear

Posted in California, Chemical Safety, Environmental Compliance

By Jay W. Connolly, Aaron Belzer, and Jared L. Palmer

On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et al., No. A139821, 2015 WL 1212155 (Cal. Ct. App. Mar. 17, 2015) (“ELF … Continue Reading

EPA’s Draft Environmental Justice 2020 Action Agenda

Posted in Environmental Compliance

By Meagan Newman and Craig B. Simonsen

The U.S. Environmental Protection Agency is seeking “input” on its Draft Environmental Justice (EJ) 2020 Action Agenda framework (EJ 2020).

EPA expects that the EJ 2020 will advance environmental justice through EPA programs, policies, and activities, and it is intended to support cross-agency strategy for environmental justice in environmentally overburdened, underserved, and economically … Continue Reading

President Obama Takes Steps to Implement Climate Change Rules

Posted in Carbon Sequestration, Climate Change, Environmental Compliance, Green Marketing, Greenhouse Gas

By Andrew H. Perellis and Craig B. Simonsen

President Obama this week has announced various steps and actions in order to build on his “Climate Action Plan” intended to reduce the “dangerous levels” of carbon pollution that are allegedly contributing to climate change. His intention is to prepare communities for the impacts “that cannot be avoided,” and to … Continue Reading

EPA Significant New Use Rule for Pentane… Chemical Requires Impervious Gloves

Posted in Chemical Safety, Environmental Compliance, TSCA

By Andrew H. Perellis and Craig B. Simonsen

EPA published today a Significant New Use Rule (SNUR) for Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy) (Pentane SNUR) under the Toxic Substances Control Act (TSCA), 15 U.S. Code Chapter 53.

The rule was adopted in response to the pre-manufacture notice PMN P–07–204, for the chemical identified as CAS No. 870778–34–0. Potentially affected entities under the … Continue Reading

Warning! Retailers’ Environmental Enforcement Initiative in New York

Posted in Environmental Compliance, New York, RCRA

By Jeryl L. Olson and Patrick D. Joyce

Our retail clients with stores and warehouse facilities in the State of New York are warned that the State of New York Department of Environmental Conservation (NYDEC) has announced that it will begin enforcing regulations relating to hazardous waste against big boxes, supermarkets, pharmacies and other retailers which generate waste materials containing … Continue Reading

EPA is Improving Public Access to (YOUR) Environmental Inspection and Compliance Data

Posted in Environmental Compliance, Investigations/Inspections

By Andrew H. Perellis and Craig B. Simonsen

Marion Herz, the Chief of Staff for EPA’s Office of Compliance, just blogged that EPA has launched a new compliance website to “make it easier to stay informed about our work and to share tools that can help companies and others follow the law.”

Herz notes that the Enforcement and Compliance History Continue Reading