News & Analysis as of

Environmental Protection Agency (EPA) New Guidance

Goldberg Segalla

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

Goldberg Segalla on

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI...more

Perkins Coie

Two PFAS Designated as CERCLA Hazardous Substances

Perkins Coie on

The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more

Eversheds Sutherland (US) LLP

In long-awaited move, EPA designates two PFAS as hazardous substances and issues PFAS enforcement policy

Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more

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

Lagoon Requirements/Best Management Practices for Use/Disposal of Sewage Sludge: U.S. Environmental Protection Agency Issues...

The United States Environmental Protection Agency (“EPA”) issued a February 2024 guidance document (“Guidance”) titled: Understanding Lagoon Requirements Under 40 C.F.R. Part 503: Best Management Practice for Use or...more

Goldberg Segalla

Leading with Lead: EPA to Implement Strategy for Lead in 2024

Goldberg Segalla on

The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and...more

King & Spalding

Guidance on Section 45V Clean Hydrogen Production Tax Credit

King & Spalding on

The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes? As previously outlined in our Field Guide to Clean...more

King & Spalding

IRS and Treasury Issue Guidance on Section 40B Sustainable Aviation Fuel Credit

King & Spalding on

Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more

Robinson+Cole Environmental Law +

PFAS Reporting Rules to Ring in the New Year

As we have previously reported, PFAS (per- and polyfluoroalkyl substances) are a class of substances coming under increasing regulatory scrutiny.  As manufacturers ring in the new year they should be aware of two new PFAS...more

Holland & Knight LLP

IRS, Treasury Department Release New Section 40B Sustainable Aviation Fuel Credit Guidance

Holland & Knight LLP on

The IRS and U.S. Department of the Treasury released on Dec. 15, 2023, Notice 2024-06 regarding Section 40B of the Internal Revenue Code. Effective for fuel mixtures sold or used after Dec. 31, 2022, and before Jan. 1, 2025,...more

Mintz

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Mintz on

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

ArentFox Schiff

Environmental Justice Update: New Jersey Issues Guidance Promoting Use of Green and Sustainable Technologies in Remediation

ArentFox Schiff on

Costs to clean up environmentally impacted real estate have continued to increase. A variety of factors have caused this trend including: listing of new contaminants, enhanced focus on contamination pathways like vapor...more

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

Frequently Asked Questions/Implementing the 2021 Recommended Clean Water Act Section 304(a) Ambient Water Quality Criteria to...

The United States Environmental Protection Agency (“EPA”) issued an October 2023 document titled: Frequently Asked Questions: Implementing the 2021 Recommended Clean Water Act Section 304(a)Ambient Water Quality Criteria...more

Mintz

Soon we'll have EPA guidance responding to the Supreme Court's Maui decision, but it may not be much.

Mintz on

The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting.  That presentation says that EPA has drafted new guidance based...more

ArentFox Schiff

Biden Administration Releases New Guidance Seeking to Broaden Public Participation and Community Engagement

ArentFox Schiff on

]Effective and meaningful public engagement are “foundational principles of Federal regulatory development” and the Biden Administration has sought to remove barriers to public participation in the regulatory process. We...more

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

Allowing Remote Signers for Electronic Manifests: U.S. Environmental Protection Agency Issues Guidance

The United States Environmental Protection Agency (“EPA”) issued May 5th Resource Conservation and Recovery Act (“RCRA”) guidance titled: Allowing Remote Signers for Electronic Manifests (“Guidance”)...more

ArentFox Schiff

New Guidance from EPA Finds Spent Li-Ion Batteries Are “Hazardous Waste” Under RCRA

ArentFox Schiff on

Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand. A growing number of these energy-dense batteries are being manufactured and used in...more

Allen Matkins

Renewable Energy Update - 5.18.23

Allen Matkins on

Demand for energy is expected to soar by mid-century as the state attempts to electrify everything from transportation to home-heating systems. To help get there, the California Independent System Operator recently proposed...more

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

Comparison of U.S. Environmental Protection Agency Underground Storage Tank Regulations and National Fire Protection Association...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a document titled: Comparing EPA UST Regulations and NFPA Fire Codes (“Guidance”)...more

Nossaman LLP

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

Nossaman LLP on

On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

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

Technical Assistance Resources to Support the Reuse of Brownfield Sites: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled: Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)...more

King & Spalding

EPA Releases a Cumulative Impacts Addendum to its Environmental Justice Tool Kit

King & Spalding on

On January 11, 2023, EPA’s Office of the General Counsel released a Cumulative Impacts Addendum (“Addendum”) to its May 2022 publication Legal Tools To Advance Environmental Justice, continuing to signal its focus on...more

Vinson & Elkins LLP

EPA Issues Guidance on Environmental Justice in Air Permitting

Vinson & Elkins LLP on

New guidance from the U.S. Environmental Protection Agency (“EPA”) sheds light on how the agency intends to incorporate environmental justice (“EJ”)1 into air permitting programs across the country. The direct effect of the...more

ArentFox Schiff

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

ArentFox Schiff on

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. Below, we unpack two recently announced EJ efforts: a grant program for groups in...more

Burr & Forman

EPA Continues its Journey Down the PFAS Road(map)

Burr & Forman on

On December 5, 2022, the U.S. EPA issued a memorandum entitled, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. The memorandum “provides EPA’s guidance to states and...more

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

Ozone and Fine Particulate Matter Permit Modeling: U.S. Environmental Protection Agency Guidance (July 29, 2022)

The United States Environmental Protection Agency (“EPA”) Office of Air Quality Planning and Standards issued a July 29th memorandum addressing: Guidance for Ozone and Fine Particulate Matter Permit Modeling (“Guidance”)...more

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