News & Analysis as of

EPCRA Hazardous Substances

Fox Rothschild LLP

EPA Incorporates Seven New PFAS into the Toxics Release Inventory Reporting List

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The United States Environmental Protection Agency (EPA) issued a final rule on May 17, 2024, updating the list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the...more

Williams Mullen

EPA Adds Seven PFAS Chemical Compounds to the Toxic Release Inventory

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In a final rule published on May 17, 2024, and to become effective June 17, 2024, EPA has added seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to toxic chemical release reporting under the...more

Kelley Drye & Warren LLP

EPA Adds Seven More PFAS “Forever Chemicals” To Toxics Release Inventory Reporting Program

The U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) has finalized the addition of seven per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) program, publishing the final rule in...more

Vinson & Elkins LLP

EPA Proposes Rules to Expand its PFAS Authority Under RCRA

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On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more

Kelley Drye & Warren LLP

EPA Rings in 2024 with Addition of Seven PFAS to Toxic Release Inventory

The new year marks the final one of U.S. EPA’s Per- and Polyfluoroalkyl Substances (“PFAS”) Strategic Roadmap, and so it is only fitting that the Agency begins 2024 by adding seven additional PFAS to the Toxic Release...more

Robinson+Cole Environmental Law +

PFAS Reporting Rules to Ring in the New Year

As we have previously reported, PFAS (per- and polyfluoroalkyl substances) are a class of substances coming under increasing regulatory scrutiny.  As manufacturers ring in the new year they should be aware of two new PFAS...more

Polsinelli

October PFAS Regulatory Update

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In October 2023, the United States Environmental Protection Agency (EPA) finalized two separate but analogous rulemakings – one under the Toxic Substances Control Act (TSCA), and one under the Emergency Planning and Community...more

Beveridge & Diamond PC

EPA Releases Final Rule Increasing PFAS Reporting Under EPCRA

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On October 18, 2023, the U.S. Environmental Protection Agency (EPA) released a new final rule that categorized as chemicals of special concern all per- and poly-fluoroalkyl substances (PFAS) that industry must currently...more

Troutman Pepper

US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts

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On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting...more

Wiley Rein LLP

EPA Eliminates De Minimis Exemption for PFAS Under TRI Reporting, Proposes Changes to Chemical Risk Evaluations Under TSCA

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The U.S. Environmental Protection Agency (EPA or Agency) has issued two pre-publication announcements on notable regulatory actions that may affect your business. The first one will increase the amount of information that...more

Pierce Atwood LLP

Update: EPA Finalizes Rule to Eliminate TRI Reporting Exemption for PFAS

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As forecast in our December 2022 client alert, the Environmental Protection Agency (EPA) has issued a pre-publication version of its final rule that eliminates the use of the de minimis exemption for reporting of per- and...more

Williams Mullen

Environmental Notes - April 2023

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EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more

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

Release Reporting/CERCLA: U.S. Environmental Protection Agency and Oshkosh, Wisconsin, Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and CB Manufacturing Company, Inc. (“CB”) entered into a December 19th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive...more

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

Release Reporting/CERCLA: U.S. Environmental Protection Agency and Canton Township, Michigan, Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Canton Renewables, LLC (“Canton”), entered into a December 16th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Comprehensive...more

Williams Mullen

EPA Proposes to Expand TRI Reporting Requirements for PFAS and Other Chemicals of Special Concern

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EPA is proposing to add per- and polyfluoroalkyl substances (“PFAS”) subject to reporting under the Emergency Planning and Community Right-to-Know Act (“EPCRA”) and the Pollution Prevention Act (“PPA”) pursuant to the...more

MG+M The Law Firm

EPA Proposes Adding PFAS to List of "Chemicals of Special Concern" and to Eliminating De Minimus Exemptions for Reporting

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On December 5, 2022, the Environmental Protection Agency (EPA) announced a proposed rule that would affect industries required to report the use of per- and poly-fluoroalkyl substances (PFAS) to the Toxics Release Inventory...more

King & Spalding

Regulatory Compliance and Product Stewardship

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In the proposed rule, EPA outlines the limited direct effects of the proposal – Businesses must report releases of PFOA and PFOS of one pound or more within a 24-hour period; and transport substances or mixtures that contain...more

Womble Bond Dickinson

EPA’s Spring 2022 Regulatory Agenda Updates Actions for PFAS Strategic Roadmap

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On October 18, 2021, EPA announced EPA’s PFAS Strategic Roadmap (“Roadmap”) which outlines EPA’s comprehensive agency wide approach for addressing PFAS. The Roadmap contains timelines for EPA to take actions to address PFAS....more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Louisville, Kentucky, Food Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Ferrara Candy Company (“FCC”) entered into an August 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

Pillsbury Winthrop Shaw Pittman LLP

Regulatory Overview on PFAS in the United States

PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more

Foley & Lardner LLP

Revival of the General Duty Clause

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In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

Williams Mullen

Containment Area Releases and the Limits of CERCLA Release Reporting Obligations

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Manufacturing facilities commonly store various chemical substances in aboveground storage tanks. Most facilities ensure chemical storage areas are equipped with proper secondary containment measures to prevent releases of...more

BCLP

PFAS Bill Passes House Committee

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On November 20, 2019, the “PFAS Action Act of 2019” (H.R. 535) (the “PFAS Bill”) passed the House Committee on Energy and Commerce. The PFAS Bill, eighteen subchapters long, says a great deal: most importantly, one year after...more

Perkins Coie

EPA Proposes to Exempt Animal Waste From Reporting Requirements

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EPA is currently reviewing comments on its November 14, 2018 proposed rule to exempt livestock farms from reporting routine farm air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) and intends...more

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

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Waseca, Minnesota, Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more

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