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EPA Letter of Concern Cements Use of Title VI/Environmental Justice as Permit Challenge Tool

On October 12, 2022, the Office of Environmental Justice and External Civil Rights of the U.S. Environmental Protection Agency (EPA) issued a Letter of Concern setting forth its initial analysis and recommendations in...more

Getting Beyond the Beyond Campaigns: Top Tips for Preparing to Defend Your Project

On September 21, 2022, Michael Bloomberg announced his newest grassroots public health and climate change campaign called Beyond Petrochemicals: People over Pollution. Still in its early conceptual stages, the campaign will...more

Ethylene Oxide Update: Second Risk Review Process Resolves EPA-OIG Conflict; EPA Advances Sterilizer Agenda

The U.S. Environmental Protection Agency’s (EPA) commitment to its controversial Integrated Risk Information System (IRIS) value for Ethylene Oxide (EO) remains unwavering as two recent developments reflect. The first is...more

EPA Announces Permian Emissions Monitoring Flyovers in Texas and New Mexico

What? The U.S. Environmental Protection Agency (EPA) has announced that it is conducting helicopter flyovers of oil and gas operations in the Permian Basin to identify and pursue enforcement for unauthorized emissions of...more

EPA Forges Ahead on EO Actions without Completing Review of the Controversial IRIS Value or Its Use in Rulemaking

Key Takeaways - • Ethylene Oxide (EO) remains a high priority for the Biden Environmental Protection Agency (EPA) from both a risk and an environmental justice standpoint. Expect that spotlight to continue next year and...more

President Biden Announces New Methane Emissions Reduction Strategy

On November 2, 2021, President Biden released the U.S. Methane Emissions Reduction Action Plan (the “Plan”). The Plan, calling for substantial reductions in U.S. methane emissions, was announced in tandem with an...more

EPA Releases for Public Comment an Ambitious and Cross-Agency Climate Change and Environmental Justice Plan

Overview and Potential Action for Industry Stakeholders - On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance...more

President Biden Issues Federal Direction on Disclosure of Climate-Related Financial Risk

On May 20, 2021, President Biden issued his Executive Order on Climate-Related Financial Risk, stating that it is the policy of the Administration to “advance consistent, clear, intelligible, comparable, and accurate...more

Top Ten Tips for Seeking Enforcement Discretion and Preserving a Weather Disaster Force Majeure Affirmative Defense before the...

The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water...more

After Months of Delay, EPA Quietly Takes Steps Toward Community Outreach on Ethylene Oxide Risks; OIG Once Again Urges EPA to...

Key Takeaways What: In late January, EPA took the initial step of posting status reports on 25 facilities previously identified as high-risk based on known ethylene oxide (EO) emissions and facility location. EPA has...more

After Months of Delay, EPA Quietly Takes Steps Toward Community Outreach on Ethylene Oxide Risks

Key Takeaways What: On January 4, 2021, EPA determined that community-specific warnings regarding ethylene oxide (EO) risks need not be made immediately. EPA has now committed to making notifications by May 31, 2021 and...more

TCEQ Issues Revised Penalty Policy

Key Takeaways: • What: The Texas Commission on Environmental Quality (TCEQ) has revised its policy on calculating monetary penalties for administrative enforcement actions. • Who Is Affected: Entities with...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

Litigation Risk to Ethylene Oxide Emitters Could Increase Under Biden Administration

Key Takeaways - • What: The U.S. Environmental Protection Agency (EPA)’s scientific work on ethylene oxide (EO) has been central to the basis of claims in recent toxic tort suits based on EO exposures; the Biden...more

TCEQ Initiates Temporary Permian Basin “Find It and Fix It” Program for Air Compliance

Key Takeaways: What: The Texas Commission on Environmental Quality (TCEQ) has developed a “Find It and Fix It” program for oil and gas facility air compliance....more

Brazilian Institute Proposes Revised Chemical Classification, Labeling, and Hazard Communication Standard

Comments are due November 19, 2020, on a proposed revision to Brazil’s technical standard on chemical labeling and hazard communications, NBR 14725: “Information on Health, Safety, and Environment – General Aspects of the...more

In Wake of Industrial Accidents, TCEQ Seeks Revisions to Penalty Policy and Compliance History Rules

Key Takeaways - • What Happened: TCEQ issues draft Penalty Policy and plans to propose Compliance History Rule revisions... ...more

RCRA Air Compliance Initiative and Rescission of “Once In, Always In” Policy Present Federal and State Self-Audit Opportunities

Key Takeaways - • What Happened: EPA urges self-audits for facilities subject to RCRA Parts 264/265 Subparts AA, BB and CC air emission standards to avoid potential for substantial penalties and injunctive relief ...more

EPA Finalizes Important Changes to Agency Guidance Procedures

Key Takeaways - • What Happened: EPA finalized new procedures for issuing, identifying, and maintaining Agency guidance documents....more

Recent and Forthcoming Environmental Rules and Guidance Could Be Reversed Under Congressional Review Act: Three Steps for...

If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more

EPA Publishes MON RTR, But Delays Responding to Comments on Its Controversial Risk Assessment for Ethylene Oxide

On August 12, the United States Environmental Protection Agency (EPA) published the final “residual risk and technology” (RTR) rule for the Miscellaneous Organic Chemical Manufacturing (MON) source category (Final Rule or MON...more

Colombia Proposes New Chemical Regulatory Framework, Comments Due July 31, 2020

Late last week four Colombian agencies—including the ministries of health (Ministerio de Salud y Protección Social), labor (Ministerio del Trabajo), commerce (Ministerio de Comercio, Industria y Turismo), and the environment...more

EPA Lifting COVID-19-Related Enforcement Discretion Policy on August 31

On August 31, the U.S. Environmental Protection Agency (EPA) will terminate its March 26, 2020 policy that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy identified...more

EPA Weighs Lifting COVID-19-Related Enforcement Discretion Policy

EPA has recently confirmed that it is reviewing its March 26, 2020 guidance that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy, described in a prior Beveridge and...more

EPA Policy Provides Enforcement Relief Where Needed Due to Pandemic

On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more

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