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USEPA Memo and Q&A on RCRA Rules for Lithium Ion and Lithium Metal Batteries

Seyfarth Synopsis: USEPA has published a new Memo on RCRA Applicability to End-of-Life Lithium Batteries. ...more

EPA Proposes First-Ever National Standard for PFAS in Drinking Water

Seyfarth Synopsis: The U.S. Environmental Protection Agency’s (EPA) has announced that it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action...more

ASTM E1527-21 is Now in Effect

Seyfarth Synopsis: ASTM 1527-21 is now in effect.  The ASTM Standard for Phase I Environmental Site Assessments is evaluated every eight years.  The most recent update, ASTM E1527 – 21, approved by the United States...more

More Big Money: OSHA and EPA Civil Penalties Increase for 2023

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2023 increases to civil penalties....more

New California Legislation Outlaw PFAS in Textiles and Cosmetics in Continuation of PFAS Regulation in Western States

Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California...more

Agency Watchdog: USEPA Should Focus More Attention on Voluntary Disclosures

Seyfarth Synopsis: The U.S. Environmental Protection Agency Office of Inspector General (OIG) determined that USEPA has not been giving proper attention to voluntary disclosures, and recommended that the Agency update the way...more

Supreme Court Finds USEPA Lacks the Authority to Regulate Certain Emissions

Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s efforts to cut greenhouse gas emissions. In West Virginia v....more

USEPA and Department of Justice Launch Comprehensive Environmental Justice Enforcement Strategy

Seyfarth Synopsis: United States Environmental Protection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice’s (DOJ) comprehensive enforcement strategy to...more

Big Money: OSHA and EPA Civil Penalties Increase for 2022

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2022 increases to civil penalties....more

Updated ASTM Standard for Phase I Environmental Site Assessments Just Released

Seyfarth Synopsis: We noted earlier this year that the American Society for Testing and Materials (ASTM) was in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

EPA Issues 2021 Multi-Sector General Permit for Industrial Stormwater Discharges

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) issued the 2021 Multi-Sector General Permit (“MSGP”) for industrial stormwater discharges on January 15, 2021. The 2021 MSGP became effective on March 1, 2021...more

Revision to ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process

Seyfarth Synopsis: The ASTM is in the process of updating its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process....more

Surprise! (Not Again) – OSHA and EPA Release Civil Penalty Increases for 2021

Seyfarth Synopsis: The DOL and U.S. EPA have published their 2021 increases to civil penalties....more

What Now? Post-Election Environmental Outlook

Seyfarth Synopsis: As the potential for a Presidential administration change moves closer to reality, another dramatic agenda swing is possible in the environmental regulatory world, from an anti-regulation Trump...more

EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules

Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review...more

EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and...more

EPA Ends Enforcement Discretion Policy for COVID-19 Pandemic on August 31

Seyfarth Synopsis: On June 29, 2020, U.S. Environmental Protection Agency (EPA) issued a memorandum regarding termination of the COVID-19 temporary enforcement policy. EPA has selected August 31, 2020 as the termination date...more

EPA Promulgates Final Rule on Miscellaneous Organic Chemical Manufacturing NESHAP – Including Ethylene Oxide

Seyfarth Synopsis: Last week, the U.S. Environmental Protection Agency (EPA or Agency) initiated the first phase of a two phased approach to address ethylene oxide (EtO) emissions, announcing final amendments to the...more

EPA Proposes Rule to “Improve Transparency” of Agency Guidance Documents

Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) proposed rule would provide “procedures for developing and issuing guidance documents and to establish a petition process for public requests to modify or...more

EPA Adds PFAS to 313 Reporting for 2020

Seyfarth Synopsis: This U.S. Environmental Protection Agency (EPA) announced its final rule to add per- and polyfluoroalkyl substances (PFAS) to the list of chemicals required to be reported annually under the EPCRA Section...more

Joint CDC/EPA Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes

Seyfarth Synopsis: The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (EPA) jointly developed and released guidance that is generally intended for everybody, whether a...more

Murky Water Ahead: SCOTUS Rules Contaminant Discharges to Groundwater “May” or “May Not” Require NPDES Permit

Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then...more

SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which...more

EPA Guidance Concludes COVID-19 Can Constitute Force Majeure Event for Parties Performing CERCLA/RCRA Remediation

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA), in response to the COVID-19 pandemic, has announced interim guidance for the Agency’s regional offices to “ensure that decisions about new or ongoing cleanup...more

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