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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
White House Announces New ‘Ocean Justice Strategy’
On June 7, 2023, the White House Council on Environmental Quality (CEQ) published a request for information (RFI) in the Federal Register seeking input on its planned Ocean Justice Strategy (the “Strategy”). The RFI describes the Strategy as an effort to integrate environmental justice principles into ocean-related activities of the federal government. The Strategy could have wide-ranging impacts on the development of ocean energy resources.
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Greta T. Carlson
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. EPA Finalizes Rule Limiting Confidentiality Designations Under the Toxic Substances Control Act
On May 31, 2023, the U.S. Environmental Protection Agency (EPA) finalized a rule designed to tighten confidential business information (CBI) designations in submissions under the Toxic Substances Control Act (TSCA). EPA has touted this rule as providing “transparency” and providing the agency leeway to make “more health and safety data publicly available more quickly.” Given the sensitive nature of the data often provided in TSCA submission, regulated entities should carefully consider the provisions of the new rule and what steps they must take to ensure that confidential information is not subject to public disclosure.
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Marshall R. Morales
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. Department of Energy Releases Critical Materials Assessment for Public Comment
On May 30, 2023, the U.S. Department of Energy (DOE) issued for public comment its draft Critical Materials Assessment. In the draft assessment, DOE characterized 22 different materials as critical, near critical, or noncritical to the nation’s energy needs based on the importance of those materials to energy applications and supply risk. DOE uses its Critical Materials Assessment — which it anticipates updating every three years — to “prioritize research and development efforts to meet the nation’s energy needs while reducing reliance on materials with high supply risk.” DOE explained that inclusion of a material on the critical materials for energy list may inform critical minerals Research Development, Demonstration, and Commercial Application (RDD&CA) Program priorities and eligibility for the Inflation Reduction Act Qualifying Advanced Energy Project Section 48C tax credits.
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Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
EPA Proposes Rule for Management of Coal Combustion Residuals at Inactive Facilities
On Thursday, May 18, 2023, the U.S. Environmental Protection Agency (EPA) proposed new regulatory requirements for inactive coal combustion residuals (CCR) surface impoundments at inactive electric generating units. EPA had promulgated standards for new and existing CCR landfills and surface impoundments that exempted inactive surface impoundments at inactive facilities in April 2015. However, in August 2018, the U.S. Court of Appeals for the District of Columbia Circuit vacated the exemption and remanded the issue to EPA after environmental nongovernment organizations objected to the treatment of inactive impoundments at inactive facilities that may still pose a risk of introducing toxic substances into ground and drinking water.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
Hannah Posen
Chicago
hposen@sidley.com
EPA Proposes Updates to Toxic Substances Control Act Review Process, Including Removal of PFAS Exemptions
On Tuesday, May 16, 2023, the U.S. Environmental Protection Agency (EPA) released a prepublication version of a proposed rule instituting reforms to EPA’s regulations implementing the Toxic Substances Control Act (TSCA). EPA maintains a TSCA Chemical Substance Inventory, which lists all chemical substances known to be in commerce in the United States. Under TSCA, manufacturers and importers must submit a premanufacture notice for a new chemical substance unless an exemption applies (e.g., research and development). EPA must complete its risk determination for the new chemical substance before manufacture or import may commence. The proposed rule now makes clear that EPA must complete its risk determination on 100% of new chemical substances or approve an exemption notice before the associated product can enter the market, which aligns with amendments to TSCA made in 2016.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Andrew R. Stewart
Washington, D.C.
satewart@sidley.com
Marshall R. Morales
Aaron L. Flyer
California Agency Proposes to List Microplastics and PPD derivatives to Candidate Chemical List
The California Department of Toxic Substances Control (DTSC) has proposed adding microplastics and PPD derivatives to its Candidate Chemicals List. This listing positions microplastics, and products containing them, for regulation and potential restrictions under the agency’s Safer Consumer Products Program. Companies with products containing microplastics and PPD derivatives should engage with DTSC in coming regulatory proceedings.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Marshall R. Morales
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
U.S. EPA Opens Public Comment on Funding for Zero-Emission Vehicles and Charging Infrastructure Under Inflation Reduction Act
The U.S. Environmental Protection Agency (EPA) issued, on May 5, 2023, a request for information seeking input on the availability of zero-emission technologies in the heavy-duty vehicle and port sectors toward establishing funding programs under the Inflation Reduction Act (IRA). EPA requests comment from manufacturers, distributors, installers, fleet operators, and port operators about their products and experience with zero-emission technologies.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Marshall R. Morales
The Enforcement Angle: Driving California Toward Carbon-Neutrality with Dr. Steven Cliff
Join Sidley for the Environmental Law Institute’s People Places Planet Podcast series, “The Enforcement Angle.” Through this series, Sidley partners discuss state and federal enforcement of environmental laws and regulations with senior enforcement officials and thought leaders on environmental enforcement in the United States and globally. The featured guests offer their insights into the challenging environmental issues facing corporations today.
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Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
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Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
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Grace Dickson Gerbas
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Terence T. Healey
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Kenneth W. Irvin
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Christopher J. Polito
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Casey Khan
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Michael L. Lisak
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Brittany A. Bolen
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Brooklyn Hildebrandt
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Nicole E. Noëlliste
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Hannah Posen
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Jack Raffetto
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