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02/09/2018

EPA Proposes $20 Million in TSCA Fees for Chemical Companies

On February 7, US EPA released a long-awaited TSCA draft rulemaking to implement user fees for chemical manufacturers to control the costs of EPA’s work to evaluate and regulate chemicals in the US.  

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02/06/2018

RCRA Biennial Report Tips and FAQ

Even if you’ve submitted Biennial Reports for decades, keep reading. There is at least one new requirement that may trip up generators in some states who are not familiar with the latest changes to RCRA regulation.  

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02/05/2018

EPA Enforcement Roundup: Week of 2/6

Facilities in Indiana, California, New York, and Delaware are all subjects of EPA criminal or civil penalties in this week's EPA Enforcement Roundup.

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02/01/2018

EPA Eliminates “Once-in-Always-In” Clean Air Act Policy

US EPA last week released guidance to reverse a long-held Clean Air Act policy that enabled the Agency to regulate sources of hazardous air pollutants (HAPs) as “major sources” even if the facility no longer had the potential to emit pollutants above the major source threshold.    

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01/25/2018

Supremes Relegate WOTUS Argument to District Courts

This week, the US Supreme Court decided unanimously not to take up a challenge to EPA’s 2015 Waters of the United States, or WOTUS, Final Rule. The Court held that challenges to the Final Rule—which expanded the Agency’s authority to enforce the Clean Water Act by more broadly interpreting the term “navigable waters”—must be brought in district courts and not circuit appeals courts, where this case originated.    

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01/23/2018

TSCA “Reset Rule” Reports Due Feb. 7

Reminder: TSCA “reset reports” are due to EPA by February 7, 2018. Under the so-called TSCA Reset Rule, manufacturers and processors must submit a one-time retrospective notice to indicate which of the 85,000 chemicals on the Inventory they manufactured or imported in a ten-year period from June 21, 2006 to June 21, 2016.

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01/23/2018

EPA Seeks Further Delay of EPCRA and CERCLA Reporting Rules for Farms

(UPDATED 02/02/18) US EPA last week filed a motion with the DC Circuit Court of Appeals to delay the effective date of chemical release reporting requirements applicable to animal waste at farms under two major EPA programs, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).  

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01/11/2018

EPA Raises Civil Penalties for RCRA Hazardous Waste Violations, More

Its that time of year again—the time when, since the passage of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, government agencies including US EPA are required to raise civil penalties annually to match the rate of inflation.

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01/03/2018

EPA Final Rule: Electronic Hazardous Waste Manifest User Fees

In an important step toward establishing an electronic system of tracking hazardous waste shipments—the electronic Manifest or “e-Manifest” system—US EPA today posted a Final Rule detailing how the Agency will assess fees to users of the system.  

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01/02/2018

EPA Closes 2017 With Millions in Clean Air Act Penalties

A lump of coal may be the holiday gift for bad boys and girls, but EPA had a much worse “present” in store for two carbon black manufacturers in December. In the final week of 2017, EPA giftwrapped some major Clean Air Act penalties for these two companies, totaling about $2 million.  

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