News & Analysis as of

Federal Register Environmental Protection Agency (EPA)

Baker Botts L.L.P.

EPA Extends TSCA PFAS Reporting Deadline

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On September 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a direct final rule announcing an 8-month extension to the PFAS reporting deadline under the Toxic Substances Control Act...more

Fox Rothschild LLP

Designation of PFOA and PFOS as CERCLA Hazardous Substances to Become Effective on July 8, 2024

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As previously reported, on April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid...more

Vinson & Elkins LLP

New EPA Greenhouse Gas Rule Takes Aim at Fossil-Fueled Power Plants

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The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and...more

McGlinchey Stafford

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

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On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...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November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more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

Brownstein Hyatt Farber Schreck

EPA Proposes Significant Revisions to GHG Reporting Requirements in Subpart W

When the Environmental Protection Agency (EPA) launched the Greenhouse Gas Reporting Program (GHGRP) in 2009, the objective was to collect and publicly report greenhouse gas emissions data across certain industries. Through...more

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

RCRA Corrosivity Hazardous Waste Characteristic: Federal Appellate Court Addresses Denial of Petition Requesting Expansion

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a July 25th decision an issue involving the Resource Conservation and Recovery Act (“RCRA”) hazardous waste characteristic of corrosivity....more

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

Stationary Combustion Engines/New Source Performance Standards: Environmental Defense Fund and U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) published in the June 13th Federal Register a notice that it had entered into a Consent Decree with the Sierra Club and Environmental Defense Fund (collectively...more

King & Spalding

Federal regulation: The EPA began implementation of its PFAS Roadmap

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In 2022, EPA began its implementation of its PFAS Roadmap, which was announced at the end of the previous year. In fact, the EPA issued its own PFAS review in its Year of Progress Report....more

Vinson & Elkins LLP

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

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The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

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

RCRA Wastewater Treatment Unit Exemption: U.S. Environmental Protection Agency Interpretive Letter

United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Director Carolyn Hoskinson transmitted a September 9th letter providing an interpretation of the Resource Conservation and...more

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

Leaded Aviation Gasoline/Clean Air Act: U.S. Environmental Protection Agency Proposes Endangerment Finding

The United States Environmental Protection Agency (“EPA”) is submitting for publication in the Federal Register a proposed finding that lead air pollution may reasonably be anticipated to endanger the public health and...more

Vinson & Elkins LLP

Coming Soon: EPA’s Supplemental Proposed Methane Rules for the Oil and Gas Sector

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The U.S. Environmental Protection Agency’s (“EPA”) supplemental proposal for regulating methane and volatile organic compound emissions from the oil and gas sector is coming in October, according to the EPA’s latest...more

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

Spring 2022 Unified Agenda of Regulatory/Deregulatory Actions: Projected U. S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released the Spring 2022 Semiannual Agenda of Regulatory and Deregulatory Actions (“Agenda”) in an August 8th federal register notice. See 87 Fed. Reg. 48332...more

Wiley Rein LLP

EPA is Getting it Right on TSCA Confidential Business Information (CBI) – but You Should Still Comment on the Proposed Rule

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Let’s kick start a conversation on Toxic Substances Control Act confidential business information (TSCA CBI). Maybe I’ve just missed it, but I have not seen much public discussion about the U.S. Environmental Protection...more

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

Ozone National Ambient Air Quality Standards/Clean Air Act: Environmental Organizations File Judicial Action Alleging U.S....

Earthjustice on behalf of several other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on June 7th against the United States Environmental Protection Agency (“EPA”) for an...more

Fox Rothschild LLP

Environmental Protection Agency Seeks Comments on Draft Recommended Aquatic Life Ambient Water Quality Criteria for PFOA and PFOS

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Earlier this month, the Environmental Protection Agency (EPA) published in the federal register its notice of availability to comment on its Draft Recommended Aquatic Life Ambient Water Quality Criteria for Perfluorooctanoic...more

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

2022 NPDES General Permit for Stormwater Discharges from Construction Activities: U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a January 24th Federal Register notice for its 2022 Clean Water Act National Pollution Discharge Elimination System (“NPDES”) general permit for stormwater...more

King & Spalding

EPA’s Draft Strategic Plan Emphasizes Resilience and Adaption to Climate Change

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This Client Alert—Part 2 of an ongoing series—provides an overview of one of EPA’s key objectives in its draft Strategic Plan: Developing resilience and adaptation to climate change impacts. Other alerts in the series can be...more

King & Spalding

EPA Proposes to Cut 2020 and 2021 Volumes for the Renewable Fuel Standards Program, While Aiming to Increase 2022 Volumes

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On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its proposed rule for setting renewable fuel percentage standards. The proposed rule sets the...more

Vinson & Elkins LLP

Mega Rule Part III: PHMSA Expands Its Regulations and Imposes New Requirements for Onshore Gas Gathering Lines

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The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) has issued a final rule that, for the first time ever, expands certain federal pipeline safety requirements to all onshore gas gathering pipelines,...more

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

CERCLA/Superfund Section 103 Continuous Release Reports: U.S. Environmental Protection Agency Technical Amendment

The United States Environmental Protection Agency (“EPA”) published a final rule in the November 12th Federal Register making a technical amendment related to Comprehensive Environmental Response Compensation and Liability...more

King & Spalding

EPA’s Proposed Methane Rule to Increase Regulatory Burden on “Super Pollutant”

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On November 2, 2021, the Environmental Protection Agency (“EPA”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing sweeping regulations on emissions from methane, what the Biden administration considers a “super...more

King & Spalding

EPA Submitted Proposed Renewable Fuel Standards to OMB

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On August 26, 2021, the Environmental Protection Agency (“EPA”) sent its proposed rule for setting renewable fuel percentage standards to the Office of Management and Budget (“OMB”) for review. The proposed rule is expected...more

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