Lead continues to be an area of heightened interest for EPA. On July 12, 2023, EPA released a proposal to strengthen requirements for the removal of lead-based paints in pre-1978 buildings and childcare facilities. EPA has expressed its commitment to addressing risks associated with childhood exposure to lead-based paint. Against this backdrop, other potential sources
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Top 10 Changes in the Debt Ceiling Deal’s NEPA Reforms
The first amendments to the National Environmental Policy Act (NEPA) in decades might materially narrow NEPA reviews and streamline federal permitting of oil, gas, and renewable energy projects, leasing on federal lands, and reviews for roads, bridges, and other infrastructure projects, including the extent to which federal agencies must consider greenhouse gas emissions said to…
EPA Announces Series of New Actions to Address Ethylene Oxide Emissions
The U.S. Environmental Protection Agency (EPA) recently proposed three key actions to further regulate ethylene oxide (EtO) under the Clean Air Act and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA’s latest proposals include (1) stricter national emission standards for hazardous air pollutants (NESHAP) for commercial sterilization facilities, (2) new Clean Air Act rules…
It’s Official: EPA Approves Phase I Standard ASTM E1527-21 as Meeting All Appropriate Inquiry, Effective February 13, 2023
As of February 13, 2023, ASTM 1527-21 will meet the AAI requirement, and thus will become the relevant standard for conducting Phase Is. Phase Is conducted using the 2013 Standard will no longer be compliant with the AAI requirement after December 15, 2023. Users of Phase Is should update internal guidance or scopes of work…
Environmental Enforcement To Focus On Climate Change and PFAS
The Environmental Protection Agency (EPA) has announced its proposed National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024–2027. EPA is proposing to add two new areas of enforcement focus: mitigating climate change and addressing per- and polyfluoroalkyl substances (PFAS) contamination. Those operating in the oil and gas industry, and those involved with refrigerants, should…
Comment Deadlines Loom on High-Profile Climate and Environmental Actions
The Biden Administration has started 2023 with a jammed pipeline of major regulatory actions relating to climate and other major environmental matters. For those interested in participating in the public comment processes, the clock is ticking. Here is a rundown of impending deadlines for public comment for some of the most significant rulemakings from the…
A “Durable” Definition? EPA Issues Final Rule Revising Definition of WOTUS
The United States Environmental Protection Agency and Army Corps of Engineers (the Agencies) closed out 2022 by announcing a final rule that establishes a new definition of “waters of the United States” (WOTUS) for implementation of the Clean Water Act.[1] The Agencies, which previously indicated there would be a two-step regulatory process to defining…
Developing Environmental Regulatory and Litigation Risks for Finished Products
Winston & Strawn partners Jonathan Brightbill and Eleni Kouimelis, along with Ross Nova, L.L. Bean’s Head of Global Compliance, presented at the 2022 Retail Law Conference for the Retail Industry Leaders Association in October. Their presentation, “Developing Environmental Regulatory and Litigation Risks for Finished Products,” discussed the risks retailers face from increasing regulatory scrutiny of…
Prioritizing PFAS: The Latest EPA, State, and Global Efforts To Regulate PFAS in Drinking Water
On June 15, 2022, the U.S. Environmental Protection Agency (EPA) announced new drinking water Health Advisories Levels (HALs) for certain per- and polyfluoroalkyl substances (PFAS) as part of its PFAS Strategic Roadmap.On June 15, 2022, the U.S. Environmental Protection Agency (EPA) announced new drinking water Health Advisories Levels (HALs) for certain per- and polyfluoroalkyl substances…
What Does EPA Designating PFOA and PFOS as “Hazardous Substances” Mean for Your Business?
On August 26, 2022, the Environmental Protection Agency (EPA) announced its proposal to designate two of the most widely known per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS[i]—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as the Superfund law). Listing PFOA and PFOS (along with their salts…