Environmental & Safety Law Update

Category Archives: Environmental Compliance

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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

Remanufacturing Exclusion for Solvents Under New Definition of Solid Waste Rules

Posted in Environmental Compliance, RCRA

By Jeryl L. Olson

In follow-up to our blog earlier this week on the EPA’s January 13, 2015 new Final Rule on the Definition of Solid Waste (DSW rule), this is to discuss the new “remanufacturing exclusion” as it relates to certain solvents under 40 CFR § 261.4(a)(27).

The  § 261.4(a)(27) exclusion is specifically addressed at certain “higher value solvents” … Continue Reading

EPA Plan for Methane Controls In Oil and Gas Industry

Posted in Alternative Energy, CAA, Climate Change, Environmental Compliance

By Philip L. Comella and Craig B. Simonsen

In another move to implement the President’s Climate Action Plan, the Obama Administration today announced a new goal to cut methane emissions from the oil and gas sector by 40 to 45 percent from 2012 levels by 2025.

According to EPA, methane emissions accounted for nearly ten percent of U.S. greenhouse … Continue Reading

EPA Publishes Massive Final Definition of Solid Waste Rule

Posted in Environmental Compliance, RCRA

By Philip L. Comella, Patrick D. Joyce, and Craig B. Simonsen

The U.S. Environmental Protection Agency’s struggle to distinguish between a waste and a recyclable material, dating back to its original May 19, 1980 rulemaking under the Resource Conservation and Recovery Act, takes its latest turn in the now-final Definition of Solid Waste rule (DSW rule), signed by … Continue Reading

Illinois Rules on “High Volume Horizontal Hydraulic Fracturing” Become Law

Posted in Alternative Energy, Environmental Compliance

By Philip L. Comella, Patrick D. Joyce, and Craig B. Simonsen

The Illinois Department of Natural Resources’ proposed rules on “High Volume Horizontal Hydraulic Fracturing” were recently approved, and will soon be published in the Illinois Register.

Bloomberg BNA reported that the Illinois’ Joint Commission for Administrative Rules (JCAR), approved the DNR rules implementing the Part Continue Reading

Retail Grocers and Related Industries To Feel Impact of Phase Out of HCFCs

Posted in CAA, Environmental Compliance

By Jeryl L. Olson

Following pressure from Environmental Groups and Congress, the U.S. Environmental Protection Agency has announced two rule changes affecting users of refrigerants containing ozone depleting substances (ODS) (chlorofluorocarbons or “CFCs” and hydrochlorofluoro-carbons or “HCFCs”). 

On October 20, 2014, EPA announced the phase out of the production, import, and export of certain HCFCs between 2015 and 2019, and … Continue Reading

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