Entries by Verdant Law

EPA Proposes Non-Consent-Order SNURs for 13 Chemical Substances

On October 16, 2018, the Environmental Protection Agency (EPA) issued a proposed rule that would establish Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for 13 chemical substances for which premanufacture notices (PMNs) have been approved during the two years since the statute was amended. A total of 6 SNURs were […]

EPA Announces New CASAC Members, Begins Ozone and PM NAAQS Reviews

On October 10, 2018, EPA issued a press release announcing the new members of the Clean Air Scientific Advisory Committee (CASAC) who will participate in the current reviews of the national ambient air quality standards (NAAQS) for ozone and PM. The press release also expands the description of the Committee’s charge, as previewed in the […]

EPA Publishes Direct Final Rules for 29 Significant New Use Rules

On August 27, 2018, the U.S. Environmental Protection Agency (EPA) issued two direct final rules promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA). The first direct final rule promulgates SNURs for ten chemical substances that were the subject of premanufacture notices (PMN). 83 Fed. Reg. 43527. The second direct final […]

EPA Issues Second Draft “Eco ISA” for NOx, SOx and PM

EPA recently released the second draft of an Integrated Science Assessment (ISA) for “ecological effects” from NOx, SOx and PM, which include effects on flora, fauna and water resources.  The ISA will be used to determine the need for revising the current secondary national ambient air quality standards (NAAQS) for these pollutants. Other welfare effects […]

EPA Proposes Revision of AP42 Emission Factors for Liquid Storage Tanks

As a result of widespread interest EPA recently extended the comment deadline for proposed revisions to AP42 chapter 7, which specifies emission factors for organic liquid storage tanks. The AP42 emission factors are used to estimate emissions from specific industrial facilities and processes when no site-specific emissions data are available. They are used in a […]

EPA Proposed Regulations for Scientific Integrity in Contracting

On September 26, EPA published a proposal addressing scientific integrity in the context of agency contractors who perform scientific research or analyses. It would create a new standard contract clause designed to ensure that all scientific work performed for the Agency is done consistently with the agency’s scientific integrity policy, which dates from 2009. The […]

EPA Publishes Final Reporting Requirements for TSCA Mercury Inventory

On June 27, 2018, the Environmental Protection Agency (EPA) published the final “Reporting Requirements for the TSCA Mercury Inventory” Rule. As required under section 8(b)(10)(D) of the Toxic Substances Control Act (TSCA), EPA finalized reporting requirements for regulated entities to provide information to assist in the preparation of an “inventory of mercury supply, use, and […]

Sherwin-Williams to Remove Paint-Removal Products Containing Methylene Chloride

Sherwin-Williams is phasing out the use of paint-removal products containing methylene chloride by the end of this year. Both Lowe’s and Home Depot have also announced they will phase out paint removal products that contain methylene chloride. These actions are likely a response to EPA’s forthcoming rulemaking on the substance. In January, 2017, EPA proposed […]

EPA Publishes NAAQS Proposals and Notices

EPA recently has published a plethora of proposed rules and notices governing or closely related to development of national ambient air quality standards (NAAQS). These include (in order by comment deadline): Consideration of costs and benefits. On June 13 (83 FR 27524), EPA issued an advance notice of proposed rulemaking (ANPRM) soliciting comment on whether […]

EPA Issues Rule Amending RCRA Definition of Solid Waste

On May 30, 2018, in response to the U.S. Court of Appeals for the District of Columbia Circuit’s July 2017 and March 2018 orders, the Environmental Protection Agency (EPA) issued a final rule revising the Definition of Solid Waste (DSW) under the Resource Conservation and Recovery Act (RCRA). EPA relied upon Section 553 of the […]