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The EPA recently requested additional time from the D.C. Circuit Court of Appeals to prepare its response in a case challenging its final per- and polyfluoroalkyl substances (PFAS) Maximum Containment Levels (MCLs). Petitioners and other respondents aren’t opposed to the request for additional time. The case, American Water Works Association and Association of Metropolitan Water […]
The EPA recently granted a petition from the Center for Environmental Health, Public Employees for Environmental Responsibility, Alaska Community Action on Toxics, Clean Cape Fear, Clean Water Action, Delaware Riverkeeper, and Merrimack Citizens for Clean Water to address per- and polyfluoroalkyl substances (PFAS) formed during the fluorination of plastic containers—perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), […]
In Santa Clarita Valley Water Agency v. Whittaker Corporation, the U.S. Court of Appeals for the 9th Circuit in April “clarified that [the Comprehensive Environmental Response, Compensation, and Liability Act’s (CERCLA)] prohibition on double recovery does not preclude a finding of liability under CERCLA, [if] the relief ultimately granted does not allow recovery of double […]
Last month, the EPA announced a final rule designating two polyfluoroalkyl substances (PFAS) chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): PFAS are a group of manufactured chemicals that are also referred to as “forever chemicals” because of their resistance to breaking down in the environment over time. They’ve […]
In January 2024, chemical manufacturer Nox-Crete Inc., located in Omaha, Nebraska, agreed to pay a $37,026 EPA civil penalty and install a fire suppression system to resolve alleged violations of the federal Clean Air Act (CAA); Emergency Planning and Community Right-to-Know Act (EPCRA); and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The facility, which […]
Last month, the EPA published an advance notice of proposed rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. “Today’s announcement highlights EPA’s commitment to transparency and the use of the […]
Nearly a decade after the EPA called for additional soil sampling at the Vertac Inc. Superfund Site in Jacksonville, Arkansas, tests have not yet been performed, reports a December 18, 2021, Northwest Arkansas Democrat-Gazette article. Superfund is the more commonly known name for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a law enacted […]
After a year of uncertainty, on December 15, 2022, the EPA published a final rule amending the All Appropriate Inquiries (AAI) Rule to reference ASTM International’s E1527-21, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” and allow for its use to satisfy the requirements for conducting AAIs under the Comprehensive Environmental […]
On November 25, 2020, the EPA finalized rulemaking that determined that the electric power generation; transmission and distribution; petroleum and coal products manufacturing; and chemical manufacturing industries will not be required to have additional insurance to cover accidents and major spills.
In a final rule, the EPA has issued its Residual Risk and Technology Review (RTR) for the Site Remediation source category regulated under the Clean Air Act’s National Emissions Standards for Hazardous Air Pollutants (NESHAP).