Texas Receives Coal Ash Rule Approval from EPA
On Monday, June 28, 2021, the U.S. Environmental Protection Agency (EPA) approved the Texas Commission on Environmental Quality’s (TCEQ) request for delegated permit authority over coal ash disposal under the Resource Conservation and Recovery Act (RCRA).1
EPA Adds Three Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory
On June 3, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a rule adding three more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals requiring toxic chemicals release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, that is, Toxics Release Inventory (TRI). The PFAS added are perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate, which must be included in TRI reports due July 1, 2022.
EPA Formally Repeals Trump Administration Transparency in Science Rule
The U.S. Environmental Protection Agency (EPA or the Agency) has formally repealed regulations establishing how the Agency would consider the availability of dose-response data (“Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information,” 86 Fed. Reg. 469) (the Science Rule). The Science Rule, which was finalized and went into effect immediately on January 6, 2021, related specifically to studies describing the quantitative relationship between the dose or exposure of a pollutant, contaminant, or substance and its effect; the rule required, among other things, that EPA identify and give greater consideration to studies constituting “pivotal science” (defined as “the specific dose-response studies or analyses that drive the requirements or quantitative analyses of EPA significant regulatory actions or influential scientific information”) and make public all science that served as the basis for a significant regulatory action. (more…)
Supreme Court Addresses What Triggers a Contribution Claim Under CERCLA
On May 25, 2021, the U.S. Supreme Court issued a unanimous opinion in a case addressing whether a settlement agreement resolving Clean Water Act (CWA) liability can ripen a cause of action for contribution action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). For companies crafting settlement language related to environmental contamination or preparing to file contribution claims, Guam v. United States provides an important consideration regarding what potential liabilities to include or leave out.
WHEJAC Offers Key Environmental Justice Recommendations
On May 13, the White House Environmental Justice Advisory Council (WHEJAC or the Council) voted and agreed on recommendations to advance the Biden administration’s environmental justice (EJ) agenda. Housed within the U.S. Environmental Protection Agency (EPA), the WHEJAC was established by Executive Order (EO) 14008 to recommend to the White House Environmental Justice Interagency Council how to address current and historic EJ issues.
WHEJAC adopted recommendations of the three working groups: the Justice40 Initiative (Justice40), EO 12898, and Climate and Economic Justice Screening Tool.
EPA Plans to Increase Reporting Requirements for Toxic Chemicals
On April 29, 2021, the U.S. Environmental Protection Agency (EPA) announced that it plans to add certain chemicals to companies’ annual release reporting requirements. The Emergency Planning and Community Right to Know Act (EPCRA) established the Toxics Release Inventory (TRI) to track releases of certain chemicals that EPA deemed a threat to human health and the environment. EPCRA requires certain facilities to issue annual reports showing their releases of chemicals so that such releases can be included on the TRI.
City of Chicago Complies With EPA Request to Suspend Permit Review
On May 7, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael Regan wrote the mayor of Chicago, suggesting that the city suspend a decision on a permit seeking to expand a metal recycling plant in Chicago’s southeast side until a full environmental justice (EJ) analysis is conducted. Administrator Regan’s action is consistent with his comments during the first meeting of the White House Environmental Justice Advisory Council (discussed here), in which Regan outlined EPA’s intention to use Title VI of the Civil Rights Act to advance EJ concerns in connection with facility siting decisions.
EPA Issues Memorandum Outlining Environmental Justice Enforcement Plans
On April 30, 2021, the U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator for Enforcement, Lawrence Starfield, issued a memorandum outlining agency enforcement plans in communities with environmental justice concerns. Given the Biden administration’s focus on environmental justice both during the campaign and since the inauguration, this memorandum is not a surprise. The memorandum follows on Administrator Michael Regan’s message to EPA employees regarding the agency’s commitment to environmental justice, which was discussed on this blog on April 13.
WHEJAC Progresses on Environmental Justice Recommendations
On April 28, the White House Environmental Justice Advisory Council (WHEJAC) reconvened to discuss the progress of three working groups established during its inaugural meeting on which we reported previously: the Justice40 Initiative, Executive Order 12898, and Climate and Economic Justice Screening Tool working groups.
U.S. Environmental Protection Agency Announces Environmental Justice and Climate Action Initiatives
On April 23, the Administrator of the U.S. Environmental Protection Agency (EPA), Michael Regan, announced three new agency initiatives to support “community-driven solutions” for environmental justice and climate change in North America and across the world. The announcement came in conjunction with President Joe Biden’s Leaders Summit on Climate where the President pledged to cut nationwide net greenhouse gas emissions at least 50% to 52% by 2030 in comparison to 2005 levels. (more…)