Environmental & Safety Law Update

Category Archives: Environmental Compliance

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120,000 Dental Offices to be Regulated Under EPA Dental Amalgam Rules

Posted in CWA, Environmental Compliance

By Andrew H. Perellis and Craig B. Simonsen

In another proposal aimed at small business, the U.S. Environmental Protection Agency has just proposed a rule for Effluent Limitations Guidelines and Standards for the Dental Category. 79 Fed. Reg. 63258 (October 22, 2014). The rule will add more federal compliance costs and potential local treatment facility user fees to already tight … Continue Reading

EPA Finalizes Change to All Appropriate Inquiry Rule: ASTM E-1527-05 Does Not Establish CERCLA Defenses Anymore

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

By Andrew H. Perellis, Jeryl L. Olson, and Ilana R. Morady

On October 6, 2014, EPA finalized an amendment to the “All Appropriate Inquiries” (AAI) rule to remove the reference to ASTM E-1527-05. 79 Fed. Reg. 60087. This means that ASTM E-1527-05 is no longer adequate to establish landowner and lender liability protections under CERLA. Buyers, sellers, … Continue Reading

California Industry: Start Preparing for New Industrial Stormwater Permit Requirements

Posted in California, CWA, Environmental Compliance, Permitting

For our readers with California facilities and interests, Patrick D. Joyce has prepared a Management Alert on California’s new Industrial Stormwater Permit (2014 General Permit), which will apply on and after July 1, 2015. Industrial General Permit, 2014-0057-DWQ.

The California State Water Resources Control Board’s newly adopted industrial stormwater permit regime includes a broader array of industrial facilities not … Continue Reading

President Issues Executive Order on Climate-Resilient International Development

Posted in Climate Change, Environmental Compliance, International

By Patrick D. Joyce and Craig B. Simonsen

This week at the U.N. Climate Change Summit in New York City, President Barack Obama, joined by leaders from more than 120 countries from around the globe, announced his Executive Order on Climate-Resilient International Development. 79 Fed. Reg. 58231 (September 26, 2014).

The Executive Order directs all federal agencies to factor climate … Continue Reading

EPA Publishes Effluent Guidelines Plan Focusing on Petroleum Refining, Oil and Gas Extraction, Metal Finishing, and Nanomaterials

Posted in CWA, Environmental Compliance

By Kevin A. Fritz and Craig B. Simonsen

EPA has just announced its Final 2012 and Preliminary 2014 Effluent Guidelines Program Plans, EPA-820-R-14-001 (September 2014). The Plans announce both final decisions the EPA is making on the control of industrial wastewater discharges, and its proposed “new actions for the future.”

The Clean Water Act requires the EPA to biennially … Continue Reading

Business Interests in China? State Council Issues Guidelines for Pilot Emissions Trading Program

Posted in CAA, China, CWA, Environmental Compliance

By Wan Li and Craig B. Simonsen

The State Council recently announced new Guidelines for pilot programs for trading emissions permits to reduce air and water pollution.

Key pollutants to be traded under the pilot programs include sulfur dioxide and nitrogen oxide in the air, and chemical oxygen demand and ammonia nitrogen in wastewater. Speaking of these pollutants, Huang Xiaozeng, … Continue Reading

EPA Inspector General Finds Issues with EPA’s “Design for the Environment” Program

Posted in Chemical Safety, Environmental Compliance, Sustainability

By Ilana R. Morady and Craig B. Simonsen

The U.S. Environmental Protection Agency’s Office of Inspector General has just released a report on an evaluation of the EPA’s “Design for the Environment” (DfE) Program. At A Glance, No. 14-P-0349 (September 9, 2014). The Inspector General found flaws in the current DfE logo, including that it improperly implied an EPA … Continue Reading

Scientific Workshop on PCBs and Their Impacts

Posted in Chemical Safety, Environmental Compliance

The Illinois Sustainable Technology Center will present a scientific workshop on “PCBs and Their Impact on Illinois,” at the University of Illinois, Chicago, Student Center East, in Chicago, Illinois, on September 17, 2014.

The Center notes that PCBs (polychlorinated biphenyls) “are a class of synthetic chemicals widely used in industry as a coolant and electrical insulator. Their use … Continue Reading

Unsubstantiated Product Claims Bring Substantial Civil Penalties

Posted in Environmental Compliance, Environmental Enforcement, Green Marketing, Product Liability

By Philip L. Comella and Craig B. Simonsen

The U.S. Environmental Protection Agency recently ordered an orthotic shoe insert manufacturer to pay over $210,000 in civil penalties for making “unsubstantiated antimicrobial claims” about their orthotic shoe inserts – resulting in the sale and distribution of an unregistered pesticide, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 

This … Continue Reading

EPA Request for Information on Clean Air Act Accidental Release Prevention Program

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

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency, in response to Executive Order 13650, Improving Chemical Facility Safety and Security (EO), is publically, through a Federal Register notice, requesting public comments on “potential revisions” to its Risk Management Program. 79 Fed. Reg. 44604 (July 31, 2014).

This request is part of an effort highlighted in … Continue Reading