California Environmental Law & Policy Update 1.2.26

Allen Matkins
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Fifteen states oppose changes to EPA’s PFAS reporting rule

Bullet Chemical & Engineering News – December 26

The attorneys general of 15 states, including California, sent comments to the U.S. Environmental Protection Agency (EPA) on December 22 opposing proposed revisions to a 2023 rule on reporting requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. The original rule called for companies to retroactively report any PFAS or products containing PFAS that they manufactured or imported between 2011 and 2022. The new proposal would create several exemptions to the existing requirements which, according to the attorneys general, “effectively would reduce the number of responding entities by over 98 percent.”


News

Five plastic chemicals’ risks prompt EPA to start crafting rules

Bullet Bloomberg Law – December 31

EPA announced this Wednesday that it will regulate the use of five chemicals to protect workers and the environment. The agency released its final evaluations of the risks posed by five phthalates—butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), dicyclohexyl phthalate (DCHP), diethylhexyl phthalate (DEHP), and diisobutyl phthalate (DIBP)—commonly used to make plastics flexible but also to produce paint, rubber, and textiles. The chemicals are linked by their similar uses and their unreasonably risky potential to affect hormones, EPA said. Under the Toxic Substances Control Act, EPA’s “unreasonable risk” conclusion means the agency must start crafting regulations restricting the chemicals’ uses. Engineering controls and use of personal protective equipment were among the risk management strategies EPA said it would explore as it develops its regulations.


Environmental groups sue to block federal approval of Santa Barbara County oil pipeline restart

Bullet KCLU - December 26

A federal agency has approved controversial efforts to restart the Santa Barbara County oil pipeline, which ruptured in 2015 causing a massive spill, but environmental groups have filed suit to try to block the effort. The Federal Pipeline and Hazardous Materials Safety Administration gave approval on December 22 to Sable Offshore Corporation's efforts to restart the pipeline. The resumption of pipeline operation would allow Sable to restart production from three offshore oil platforms. Environmental groups have opposed the restart efforts, asserting resuming operations would set the stage for another disaster involving the decades-old infrastructure. Sable contends that it has repaired and tested the system and added safety measures well beyond what is required.


‘Innovative’ approach to sea level rise is first of its kind in San Francisco Bay

Bullet San Francisco Chronicle – December 26

Under a fresh plot of dirt along the San Francisco Bay, a revolutionary new way to address climate change is taking shape in Palo Alto. California law requires all municipalities on the bay and in the coastal zone to have a plan by 2034 to protect shorelines from sea level rise. While cities may opt to build seawalls, the state encourages what are called nature-based solutions, which re-create natural flood control processes. In Palo Alto, young native plants are taking root in the soil, which sits atop a layer of wood chips, a layer of sand, and a layer of gravel. Treated water from a nearby wastewater plant will soon trickle through it all, irrigating the plants while getting extra filtering before going into the bay. This so-called living levee, or horizontal levee, is designed to grow in elevation as plants die off and sediment settles, adjusting to rising seas and protecting the shoreline from big storms. It will be the first horizontal levee in the San Francisco Bay when it debuts this spring and one of only a few known similar projects worldwide.


L.A. fire cleanup reports describe repeated violations, illegal dumping allegation

Bullet Los Angeles Times – December 29

The primary federal contractor entrusted with purging fire debris from the Eaton and Palisades fires may have illegally dumped toxic ash and misused contaminated soil in breach of state policy, including moving fire debris onto neighboring properties, re-contaminating “cleared” lots, and spraying polluted water into storm drains, according to federal government reports. The Federal Emergency Management Agency (FEMA) has repeatedly refused to pay for soil testing in California, insisting the practice is not necessary to remove any immediate threats after the fires. The Newsom administration unsuccessfully petitioned FEMA to reconsider conducting soil testing to protect returning residents and workers. As pressure mounted on the state to fund soil testing, the California Environmental Protection Agency secretary downplayed public health risks from fire contamination.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Allen Matkins

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