By James L. Curtis, Jeryl L. OlsonAdam R. Young, A. Scott HeckerPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties.

We have blogged previously about the annual adjustments to the maximum civil penalty dollar amounts for OSHA and EPA
Continue Reading Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

By Jeryl L. OlsonRebecca A. Davis, and Patrick D. Joyce

Seyfarth Synopsis: As the potential for a Presidential administration change moves closer to reality, another dramatic agenda swing is possible in the environmental regulatory world, from an anti-regulation Trump administration to a pro-enforcement Biden administration. While the past four years have been about easing restrictions on
Continue Reading What Now? Post-Election Environmental Outlook

By Jeryl L. Olson, Patrick D. JoyceKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review Regulations.”

The guidance memorandum is, according to EPA, intended to
Continue Reading EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules

By Jeryl L. Olson, Rebecca A. DavisAndrew H. PerellisPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Source Facilities, 40
Continue Reading EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

By Andrew H. PerellisJeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: On June 29, 2020, U.S. Environmental Protection Agency (EPA) issued a memorandum regarding termination of the COVID-19 temporary enforcement policy. EPA has selected August 31, 2020 as the termination date for its temporary enforcement policy. Also updated were EPA’s Frequent
Continue Reading EPA Ends Enforcement Discretion Policy for COVID-19 Pandemic on August 31

By Jeryl L. OlsonAndrew H. PerellisPatrick D. Joyce, Rebecca A. Davis, Ilana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: Last week, the U.S. Environmental Protection Agency (EPA or Agency) initiated the first phase of a two phased approach to address ethylene oxide (EtO) emissions, announcing final amendments to the Miscellaneous Organic
Continue Reading EPA Promulgates Final Rule on Miscellaneous Organic Chemical Manufacturing NESHAP – Including Ethylene Oxide

By Jeryl L. OlsonAndrew H. PerellisPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) announced its final rule to add per- and polyfluoroalkyl substances (PFAS) to the list of chemicals required to be reported annually under the EPCRA Section 313 Toxics Release Inventory (TRI) reporting requirements, and established
Continue Reading EPA Adds PFAS to 313 Reporting for 2020

By Jeryl L. OlsonAndrew H. PerellisPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) proposed rule would provide “procedures for developing and issuing guidance documents and to establish a petition process for public requests to modify or withdraw an active guidance document.”

We have previously blogged on agency
Continue Reading EPA Proposes Rule to “Improve Transparency” of Agency Guidance Documents

By Andrew H. PerellisJeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Image from EPA.gov

Seyfarth Synopsis: The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) jointly developed and released guidance that is generally intended for everybody, whether a business, a school, a
Continue Reading Joint CDC/EPA Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes

By Andrew H. Perellis, Jeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup activities at sites across the country are made with the
Continue Reading EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation