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Going Digital: New E-Manifest Requirements Effective January 22, 2025

Effective yesterday, the third and final update to USEPA's e-Manifest rules require all Large Quantity Generators (LQGs) and Small Quantity Generators (SQGs) to register in the e-Manifest module, replacing hard paper copies....more

EPA-pocalypse Now!

Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in...more

Hung Out to Dry: USEPA Issues Bans on Trichloroethylene and Perchloroethylene

Continuing its assault on commonly used chemicals that pose risks to human health, the United States Environmental Protection Agency (“USEPA”) issued (but has not yet published in the Federal Register) bans on...more

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

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

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 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

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

EPA Enforcement Discretion Policy for COVID-19 Pandemic

Seyfarth Synopsis: U.S. Environmental Protection Agency (EPA), in support of the U.S. Government’s overall response to the COVID-19 pandemic, has announced a temporary enforcement discretion policy regarding environmental...more

ANOTHER Chemical Release Reporting Obligation????

Seyfarth Synopsis: The U.S. Chemical Safety and Hazard Investigation Board (CSB) has proposed new accidental chemical release reporting requirements that are broad in scope and would cover additional chemicals, threshold...more

EPA Advance Notice of Proposed Rulemaking on Per- and Polyfluoroalkyl Chemicals

Seyfarth Synopsis:  EPA, in an Advance Notice of Proposed Rulemaking, requests comments on adding certain per- and polyfluoroalkyl substances (PFAS) to the TRI chemical list....more

EPA Promulgates “Streamlined System” for Managing Hazardous Waste Aerosol Cans

Seyfarth Synopsis: Last week the U.S. Environmental Protection Agency (EPA) finalized a “streamlined system” for managing hazardous waste aerosol cans as Universal Waste. The Agency believes that the new system will be...more

U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy

Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018....more

EPA Proposes Revisions to Clarify New Source Review Permitting Process – Updating “Project Emissions Accounting”

Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify...more

Illinois Supreme Court Affirms Pollution Control Board’s Clean Construction or Demolition Debris Rules, and Articulates Guidelines...

Seyfarth Synopsis: The Illinois Supreme Court recently affirmed that the Illinois Pollution Control Board’s clean construction or demolition debris (CCDD) rules were not arbitrary and capricious. County of Will v. Pollution...more

USEPA Determines Pollutant Releases To Groundwater From Point Source Do Not Require NPDES Permit

Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), that  according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from...more

Periodic Operation and Maintenance Walkthrough Inspections Required for Illinois UST Facility Owners and Operators

New Illinois Office of State Fire Marshall (“OSFM”) regulations, (42 Ill. Reg. 10476, 10662-667, June 15, 2018, effective October 13, 2018), require that periodic operation and maintenance include recorded “walkthrough...more

USEPA Administrator Pruitt Issues Memo To Update Agency Use of Clean Water Act Section 404(c) Veto Power

Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges...more

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