EPCRA

News & Analysis as of

EPCRA Section 313 Reporting: Frequent Questions

This is the second installment of frequently asked questions regarding Toxic Release Inventory (TRI) reporting under Section 313 of the Emergency Planning with Community Right-to-Know Act (EPCRA). As noted in our first...more

Environmental Notes - July 2016

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Regulatory Enforcement for Food and Beverage Industry Heats Up

Mid-to-late June 2016, federal and state authorities brought a variety of enforcement actions against food and beverage companies under environmental, health, and safety statutes, suggesting increased governmental oversight...more

Maximum Civil Penalties for Violations of Environmental Statutes are now Significantly Higher After Inflation Adjustment

Seyfarth Synopsis: EPA finalized its new per violation penalty rules that in some cases now increase by substantial amounts. In a federal rulemaking published last week, the U.S. Environmental Protection Agency (EPA)...more

Food and Beverage Industry in Regulatory Enforcement Crosshairs

Recent federal and state enforcement actions against food and beverage companies under environmental, safety and health statutes highlight the need for this industry to pay attention to both basic and unique compliance...more

EPCRA 313 Reporting – FAQs

The Emergency Planning and Community Right-to-know Act (EPCRA) requires Form R reports to be filed with EPA each July 1 for each listed “toxic chemical” a facility manufactures or processes in excess of 25,000 lbs., or...more

Environmental Notes - May 2016

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of...more

EPA Launches eDislcosure for Self-Reporting Violations

As expected and last reported in our June 2015 blog, the U.S. Environmental Protection Agency (EPA) on December 9, 2015, launched eDisclosure — EPA’s updated, electronic voluntary audit and disclosure reporting system. Under...more

EPA Opens Door to Electronic Audit Policy Self-Disclosures

Last month, the U.S. Environmental Protection Agency (“EPA”) launched its new eDisclosure Portal for electronic self-disclosures of violations made under the Audit Policy and the Small Business Compliance Policy...more

EPA Launches eDisclosure Portal to Modernize Self-Reporting

Under EPA’s long-standing Audit Policy and Small Business Compliance Policy, companies that discover, disclose, and correct environmental violations may be entitled to penalty mitigation and other benefits. On December 9,...more

EPA Launches Modernized eDisclosure Portal for Self-Disclosed Civil Violations

On December 9, 2015, the U.S. Environmental Protection Agency (EPA) published a Federal Register Notice announcing the launch of the eDisclosure portal, a centralized web-based system for receiving and automatically...more

EPA Modernizes the Audit Policy

The U.S. Environmental Protection Agency is modernizing its self-disclosure policy, commonly known as the Audit Policy, through a centralized “eDisclosure Portal” to receive and automatically process self-disclosed civil...more

Update: eDisclosure is Open for Business, December 2015

EPA just announced that its eDisclosure system for reporting environmental audit disclosures and corrections is open for business as of December 9, 2015. Entities who register to file with EPA’s Central Data Exchange will now...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

EPA Puts Refrigeration Firm on Ice

Millard Refrigerated Services Inc. learned the hard way that a company's failure to correct deficiencies in its processes can lead to significant consequences. Following three releases to the atmosphere from 2007 to 2010,...more

EPA Denies Petition to Remove EGBE From List of TRI Form R Chemicals

Ethylene glycol monobutyl ether (EGBE) is a solvent used primarily in the production of paints, coatings, and metal and household cleaners. It’s also used in the production of other chemicals. Facilities that manufacture,...more

EPA’s Audit Policy eDisclosure: Electronic Self-Reporting for Environmental Violations

Reporting uner EPA’s audit policy, which has provided relief from gravity-based penalties to those who self-report, is about to become much easier. This fall, EPA expects to launch a centralized web-based “eDisclosure” portal...more

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements

EPCRA § 313 requires certain facilities manufacturing or “processing” more than 25,000 lbs. or otherwise using 10,000 lbs or more of a listed toxic chemical to file a Form R annually on or before July 1. In the last two...more

Electronic Disclosure of Violations Coming This Fall

Under EPA’s Audit Policy, those who discover, promptly disclose and correct environmental violations may have penalties reduced or eliminated. 60 Fed Reg 66, 705 et seq. (1995); 65 Fed Reg 19, 617, et seq. (2000) EPA recently...more

Disclosing Violations to EPA in a Digital Age

Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more

EPA Rolls Out New eDisclosure System

On June 10 and 15, 2015, the U.S. Environmental Protection Agency (EPA) rolled out a new system for e-reporting violations being disclosed pursuant to EPA’s audit policy, eDisclosure, which is expected to go on-line as soon...more

EPA Updates Its Audit Policy with "eDisclosure"

On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a...more

Frequent Questions: EPCRA 313

This is the third and final installment of Frequent Questions related to Form R Reports due July 1. The Frequent Questions are published by EPA or researched to aid compliance with this complicated regulatory program....more

When Does a Judge Refuse an Unopposed Motion to Enter a Consent Decree?

Last week, Judge John Copenhaver refused to allow a motion by the United States to enter a consent decree that would have resolved government claims against DuPont concerning alleged violations of the Clean Air Act, CERCLA,...more

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