News & Analysis as of

Comment Period Environmental Protection Agency (EPA)

Holland & Knight LLP

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

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While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more

Sullivan & Worcester

MEPA Issues Straw Proposals to Update Climate Resiliency and Greenhouse Gas Policies – Comments Due September 16th

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The Massachusetts Environmental Policy Act (MEPA) Office in the Executive Office of Energy and Environmental Affairs (EOEEA) has floated two straw proposals (available here) outlining conceptual frameworks to update the 2021...more

Bergeson & Campbell, P.C.

EPA Will Hold Webinars on Next Round of Chemicals to Be Considered for Prioritization under TSCA

The U.S. Environmental Protection Agency (EPA) will hold two virtual public meetings, on September 30 and October 1, 2024, to provide information regarding existing chemical pre-prioritization and prioritization activities...more

Kelley Drye & Warren LLP

EPA Proposes Near-Total 1-BP Ban

The U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) has announced that it is proposing to ban the solvent 1-bromopropoane (“1-BP”) under the Toxic Substances Control Act (“TSCA”) in all but one consumer product,...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Bergeson & Campbell, P.C.

EPA Publishes ANPRM Regarding Lead Wheel Weights

The U.S. Environmental Protection Agency (EPA) published on April 3, 2024, an advance notice of proposed rulemaking (ANPRM) regarding lead for wheel-balancing weights (lead wheel weights). 89 Fed. Reg. 22972. EPA requests...more

BakerHostetler

EPA Takes Next Step Toward New Formaldehyde Regulations

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On March 15, 2024, the United States Environmental Protection Agency (EPA) released the draft risk evaluation for formaldehyde for public comment and peer review. The draft risk evaluation was promulgated pursuant to EPA’s...more

Bergeson & Campbell, P.C.

EPA Seeks Comment on Proposed Settlement Agreement to Conclude a TSCA Rulemaking Regulating Lead Wheel Weights

On March 13, 2024, the U.S. Environmental Protection Agency (EPA) published notice of a proposed settlement agreement to address a petition for writ of mandamus filed by the Ecology Center, the Center for Environmental...more

Morgan Lewis - Up & Atom

EPA Seeks Comment on Draft Protocol for Reassessing Human Health Effects from Ingesting Uranium

The US Environmental Protection Agency’s (EPA’s) Integrated Risk Information System (IRIS) program published for public comment a draft protocol for reassessing the noncancer health effects of natural and depleted uranium via...more

Davis Wright Tremaine LLP

EPA Seeks Comments on "Clean" Label for Construction Industry

Inflation Reduction Act pledged millions to label program intended to cut climate pollution linked to manufacturing of construction products and materials - The Environmental Protection Agency ("EPA") is seeking public...more

Holland & Knight LLP

EPA Proposes RCRA Corrective Action Expansions Targeting PFAS

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The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more

Kelley Drye & Warren LLP

EPA Extends RCRA ​“Hazardous Constituents” Proposal to Nine PFAS

On January 31, 2024, the United States Environmental Protection Agency (“EPA” or ​“the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and...more

Bergeson & Campbell, P.C.

EPA Releases Draft Updates to Its Scientific Integrity Policy for Public Comment

On January 24, 2024, the U.S. Environmental Protection Agency (EPA) began a 30-day public comment period on the draft updates to its Scientific Integrity Policy (Policy). 89 Fed. Reg. 4606. EPA states that in accordance with...more

Holland & Knight LLP

Breaking Down the Section 45V Clean Hydrogen PTC Proposed Regulations

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The U.S. Department of the Treasury and the IRS on Dec. 22, 2023, released proposed regulations regarding the production tax credit (PTC) for hydrogen under Section 45V of the Internal Revenue Code, as enacted by the...more

Troutman Pepper

EPA Revises HFC Rule for Refrigeration and Air Conditioning Products

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On December 26, 2023, the U.S. Environmental Protection Agency (EPA) published an Interim final rule updating its October final rule restricting the use of some hydrofluorocarbons (HFCs), a key substance used in refrigeration...more

Wiley Rein LLP

EPA Considering Petition to Require Submittal of Efficacy Data for Neonicotinoids and Other Systemic Insecticides

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On November 24, 2023, the U.S. Environmental Protection Agency (EPA) announced that it is accepting comments on a petition for rulemaking submitted by the Public Employees for Environmental Responsibility (PEER), the American...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reconditioning/Used Drum Management: Institute of Scrap Recycling Industries Comments Addressing U.S. Environmental Protection...

The Institute of Scrap Recycling Industries (“ISRI”) submitted November 22nd comments to the United States Environmental Protection Agency (“EPA”) addressing the following Advance Notice of Proposed Rulemaking (“ANPR”)...more

Troutman Pepper

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

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On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Morrison & Foerster LLP

Comment on Morphing U.S. Biotechnology Regulations

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The U.S. Department of Agriculture (USDA) and U.S. Patent and Trademark Office (USPTO) have recently opened requests for stakeholder engagement regarding biotechnology regulatory frameworks. These requests provide the...more

Bergeson & Campbell, P.C.

EPA Extends the Comment Period on the Proposed Framework to Assess the Risk to the Effectiveness of Human and Animal Drugs Posed...

On September 26, 2023, the U.S. Environmental Protection Agency (EPA) requested comment on a proposed framework to strengthen the assessment of antimicrobial-resistance risks associated with pesticide use. EPA, the U.S....more

Goldberg Segalla

Next On EPA’s Chopping Block: Trichloroethylene

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The Environmental Protection Agency has proposed a risk management rule as part of the Toxic Substances Control Act (TSCA) that would ban the production, processing and distribution of trichloroethylene (TCE) for all uses....more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

Holland & Knight LLP

EPA Plays Hurry Up and Wait on Vessel Incidental Discharge Act of 2018 Regulations

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More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more

Vinson & Elkins LLP

Proposed Sustainable Procurement Revisions to the Federal Acquisition Regulation

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As part of its Federal Sustainability Plan, the Biden administration has issued a proposed rule that would revise the Federal Acquisition Regulation (“FAR”) to incentivize federal government buyers to prioritize the...more

Beveridge & Diamond PC

EPA Seeks Comments on Potential Changes to the RCRA Definition of Empty Containers and Standards for Managing Used Containers

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The U.S. Environmental Protection Agency (EPA) is considering and seeking public comment on potentially significant amendments to the hazardous waste regulations concerning the management, recycling, and disposal of drums and...more

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