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Environmental Notes - February 2024

Clock is Ticking as EPA Proposes Ban of the Manufacture, Processing and Commercial Use of the Widely Used Chemical TCE - EPA recently proposed a ban of trichloroethylene, commonly known as TCE, under the Toxic Substances...more

New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions

EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be notable for what they do not do. In particular, the proposal does not...more

Environmental Notes - January 2022

New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more

EPA Significant New Use Rule: Commonly Used Chemical Substances

EPA recently issued significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances as a result of their premanufacture notices (PMNs). These rules require affected persons to...more

Environmental Notes - October 2021

Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

EPA Restricts Manufacture and Use of Methylene Chloride for Consumer Paint and Coating Removal

EPA recently published a final rule restricting the manufacture, processing, and import of methylene chloride in the United States for consumer paint and coating removal. The rulemaking is a result of risk assessments...more

Environmental Notes - January 2019

EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more

Environmental Notes - October 2018

EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more

Frequent TSCA Questions: Chemical Processor Reporting

The 2016 amendments to the Toxic Substances Control Act (TSCA) required EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either “active” or “inactive” in U.S. commerce. To accomplish that, EPA...more

Final TSCA Inventory Notification Rule Issued

EPA has begun promulgating regulations to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016 (Act), legislation that makes significant changes to the Toxic Substance Control Act (TSCA). EPA...more

EPA Proposes Use Restrictions on TCE

EPA is proposing significant use restrictions and recordkeeping requirements on those facilities using or distributing trichloroethylene (TCE), a widely used industrial solvent. The agency proposed two rules in a month’s time...more

EPA Issues Formaldehyde Emission Standards for Composite Wood Products

Title VI of the Toxic Substances Control Act authorizes EPA to reduce formaldehyde exposures from composite wood products, and EPA recently did so by promulgating its long-anticipated Formaldehyde Emission Standards for...more

Environmental Notes - October 2015

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

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