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Coming Soon: New Greenhouse Gas and Climate-Related Financial Disclosure Obligations Affecting the Government Contracting...

Many federal contractors may soon be required to evaluate and disclose their greenhouse gas emissions and climate-related financial risk. The proposed rule to implement these new requirements has not yet been published, but...more

Cannabis and the Environment: Seven Significant Side-Effects

Cannabis cultivation and processing are rapidly-growing industries, as hemp and both recreational and medical marijuana products are being legalized across the country. With this rapid growth and legalization, however, comes...more

Environmental Groups Sue EPA To Force Action on Overdue Haze Plans and To Trigger Deadline for FIPs

On Feb. 7, several environmental groups formally notified EPA that they intend to file suit to force EPA to act on 39 overdue state Regional Haze plans and to trigger a countdown to issuance of Federal Implementation Plans...more

EPA Proposes Updates to the Hazardous Air Pollutant Copper Smelting Rules

On Jan. 11, EPA proposed more stringent National Emissions Standards for Hazardous Air Pollutants (NESHAPs) that apply to both major and area source primary copper smelters. As part of that review, EPA must identify any new,...more

EPA Proposes Updates to Air Toxics and Performance Standards For Lead Acid Battery Plants

On Feb. 11, EPA proposed updates to both the National Emissions Standards for Hazardous Air Pollutants (NESHAP) that apply to Lead Acid Battery (LAB) Manufacturing Area Sources (Subpart PPPPPP) and the New Source Performance...more

EPA Moves Towards Proposed Rule on CERCLA PFAS Listing

Earlier this month, the U.S. Environmental Protection Agency (“EPA”) submitted a proposed rule to the White House Office of Management and Budget (“OMB”) to designate perfluorooctanoic acid (“PFOA”) and...more

2022 or “2020 Too?” TCEQ Resumes Major Rulemaking To Revise Compliance History Rules Affecting Industrial Companies in Texas

In October 2020, we shared proposed changes by the Texas Commission on Environmental Quality (TCEQ) that signaled increased enforcement and penalty amounts for Texas businesses. One of those changes was TCEQ’s stated intent...more

1/6/2022  /  Compliance , Proposed Rules , Texas

Meat and Poultry Products (MPP) In the Headlights: EPA Seeks Comments on Study Setting Stage for MPP Sector-specific Wastewater...

The U.S. Environmental Protection Agency (EPA) has recently published a Notice announcing its intent to seek approval of an information collection request (ICR) from the White House Office of Management and Budget (OMB)....more

“Natural” Refrigeration Facilities Face EPA Enforcement Under the Clean Air Act

Recent U.S. Environmental Protection Agency (EPA) enforcement cases against operators of ammonia refrigerant facilities highlight an imminent compliance obligation and new enforcement risk for operators of refrigeration...more

In Response to Environmental Groups’ Lawsuit, EPA Promptly Issues New Policy on Start Up, Shut Down, Malfunction SIP Call

On Sept. 30, 2021, the Biden Administration made the latest move in the startup, shutdown, and malfunction (SSM) saga when the U.S. Environmental Protection Agency (EPA) issued a guidance policy repealing a Trump...more

EPA Terminates COVID-19 Policies for Disinfectant Notification Mandates

On Sept. 15, EPA issued a Notice to Manufacturers, Producers, Formulators and Registrants of Pesticide Product announcing plans to reverse measures that increased the availability of disinfectants that can kill COVID-19. An...more

EPA’s New Regional Haze Memo Is a Concern for States and Potential Sources

EPA’s July 8 Memo may force states to impose stricter emissions controls on sources subject to the Regional Haze program. Recently submitted State Implementation Plans (SIPs) may not meet new EPA criteria and interpretations,...more

California Governor Gavin Newsom Signs Legislation to Decarbonize the Cement Industry

On Sept. 23, California Governor Gavin Newsom signed legislation that directly targets greenhouse gas emissions associated with the cement industry. This Cement Decarbonization legislation is the first law of its kind in the...more

Further Focus on Lead-Based Paint: EPA Tightens Dust-Lead Clearance Levels for First Time in Almost 20 Years

Last month, we shared compliance lessons to learn from the $20.75 million penalty faced by Home Depot related to renovations of pre-1978 residences. The U.S. Environmental Protection Agency (EPA) press release states that the...more

$20 Million TSCA/Lead-Based Paint Penalty: Expensive Reminder to Manage and Audit Contractors’ Joint Regulatory Liabilities

Renovation of homes built before 1978 frequently disturbs lead-based paint (LBP) and poses significant health risks, particularly for children. For this reason, companies that perform or subcontract renovation services are...more

Air Permit Compliance for the Texas Oil & Gas Industry – What is TCEQ’s “Find It and Fix It” Initiative?

Texas Commission on Environmental Quality (TCEQ) Creates the Find It and Fix It Program (FIFI): A Permian Basin Only, Short-term Option for Penalty-Free Resolution of Oil & Gas Air Quality Violations - The TCEQ Office of...more

Closing the Loop in the (Renewable) Energy Cycle: Decommissioning Considerations for Renewables

Over the past 20 or 30 years, renewables have gained popularity and momentum, and governments and industry groups have actively tackled the new and emerging challenges associated with their project lifecycles. As some of the...more

Much Ado about Something: TCEQ Proposes Changes to Penalty Policy and Compliance History Rule in Response to Recent Industrial...

Last month, we discussed the uncertainty many businesses face as they navigate environmental compliance and enforcement issues arising due to the COVID-19 pandemic. We noted that the change and upheaval of 2020 for...more

COVID-19 Disruptions, Presidential Elections, and Compliance Failures – What’s a Regulated Entity to Do?

Many businesses subject to U.S. Environmental Protection Agency (EPA) regulations continue to face uncertainty as they navigate environmental compliance and enforcement issues arising due to the COVID-19 pandemic. The EPA and...more

Montana Federal District Court Issues Nationwide Injunction to Halt Army Corps Nationwide Permits

Infrastructure projects may require expansive individual permit reviews for de minimis construction activity - On April 15, 2020, the Federal District Court for Montana granted a request by several environmental activist...more

EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles) - Updated

This newsletter was updated April 17, 2020 to include recent guidance from California concerning regulatory compliance requirements. In the original newsletter below, we discussed two tools that may help Environmental,...more

Storing Crude Oil: Do Rail Tank Cars Become EPA-Regulated Storage Vessels?

As discussed in our prior alert and reported on by the New York Times, U.S. oil producers are scrambling to find storage to wait-out the COVID-19-driven supply glut and depressed market prices. Converting non-conventional...more

EHS Compliance and COVID-19: What EHS Executives Can Do Now (and as soon as the Dust Settles)

This newsletter was updated April 13. In the original newsletter below, we discussed two tools that may help Environmental, Health, and Safety (EHS) management respond to non-compliance arising from COVID-19: Agency...more

EPA Region 6 Signals Policy Shift in Startup, Shutdown and Malfunction Events - Good News for Texas

EPA Region 6 recently proposed to approve Texas’s affirmative defense regulations in its State Implementation Plan (“SIP”) applicable to excess air emissions that occur during certain startup, shutdown or maintenance (SSM)...more

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