Focus

Chemical makers settle PFAS-related claims for $1.19B

Reuters – June 2

Chemours Co., E.I. DuPont de Nemours, Inc., and Corteva, Inc. on Friday said they had reached an agreement in principle to pay $1.19 billion to settle claims that they contaminated U.S. public water systems with perfluoroalkyl and polyfluoroalkyl substances (PFAS). The companies are facing thousands of lawsuits across the country over their alleged role in polluting the environment with PFAS, which have been used for decades in manufacturing a variety of products, including nonstick coatings such as Teflon. Once finalized, the settlement will be subject to the approval of U.S. District Judge Richard Gergel in federal court in South Carolina, who is overseeing multidistrict litigation claims involving PFAS.

News

California air regulators vote to ban toxic chrome plating by 2039

Los Angeles Times – May 25

The California Air Resources Board (CARB) voted on May 25 to ban the use of hexavalent chromium, known as “chrome-6,” which is used for restoring classic car parts, protecting aviation components, and producing a metallic finish for a variety of consumer products. The fumes from the plating process increase cancer risk in many disadvantaged communities across the state, according to California regulators. To reduce these health risks, CARB adopted a first-of-its-kind rule for the chrome-plating industry to phase out the use of chrome-6 for decorative purposes by no later than 2030 and for essential functions by 2039.

FBI, EPA investigating hazardous chemical release from Martinez refinery

East Bay Times – May 27

The Federal Bureau of Investigation and the Department of Justice are assisting the Environmental Protection Agency (EPA) in investigating a November 2022 chemical release at a Martinez refinery. Meanwhile, the tens of thousands of residents who found a fine white substance blanketing their cars, porches, and outdoor plants over the Thanksgiving holiday await additional information about the chemicals to which they may have been exposed as a result of the incident. Shortly after the incident, the Martinez Refining Company said on social media that the ashy grit was a “non-toxic,” “non-hazardous,” and “naturally occurring” catalyst dust expelled from its facility. But within a few days, the Contra Costa County Health Department alerted residents that the dust — a byproduct of the gasoline, diesel, and jet fuel refined at the facility — actually contained aluminum, barium, chromium, and other hazardous metals.

EPA memo clarifies handling and permitting requirements for end-of-life lithium-ion batteries

Waste Dive – June 2

A new memo from EPA clarifies that, upon disposal, most end-of-life lithium-ion batteries “are likely hazardous waste” and can be managed as such until they reach the proper recycling or discard destination. The memo does not change any rules for how batteries are regulated. However, it does clarify that the existing universal waste and recycling regulations for most battery types under the Resource Conservation and Recovery Act (RCRA) also apply to lithium-ion batteries. EPA considers many lithium-ion batteries hazardous when disposed, in part because of their “ignitability and reactivity.”

Federal judge says fire retardant drops are polluting streams but allows use to continue

U.S. News & World Report – May 26

The U.S. government can continue using chemical retardant dropped from aircraft to fight wildfires, despite a finding that the practice pollutes streams in western states in violation of federal law, U.S. District Judge Dana Christensen ruled last Friday. Judge Christensen found that halting the use of the red slurry material could have resulted in greater environmental damage from wildfires. The court agreed with U.S. Forest Service officials who said dropping retardant into areas with waterways was sometimes necessary to protect lives and property.

California state auditor critiques Department of Water Resources over poor climate change planning

Courthouse News Service – May 25

A new report from the California state auditor released last Thursday critiques the Department of Water Resources (DWR) for failing to plan properly for climate change and for lack of transparency. State Auditor Grant Parks said that DWR’s water supply forecasts are unreliable due to outdated models. For example, DWR’s overestimation of inflow for Folsom Lake in 2021 caused the local operating district to forego diverting about 925 acre-feet of water into storage — the amount used by 2,750 households in a year. DWR says that it has a plan to improve its forecasts, and that it piloted a new model in certain watersheds in 2022, but Parks said the plan does not include accountability mechanisms or specific criteria for determining whether the new model is accurate.

EPA to reconsider incinerator emission standards in proposed consent decree following lawsuit

Waste Dive – May 31

By the end of this year, EPA is expected to issue a notice of proposed rulemaking for emissions standards related to municipal solid waste (MSW) incinerators under the terms of a draft consent decree submitted to the U.S. District Court for the District of Columbia on May 23. Numerous environmental groups sued EPA in 2022 over its alleged failure under the Clean Air Act to revisit the rules every five years. The decree would require EPA to finalize a new rule by November 30, 2024. Environmental groups hope the draft decree will tighten federal emissions standards for nine pollutants released at 68 MSW incinerators, including sulfur dioxide, dioxins, and nitrous oxides.