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Toxics

Phosphogypsum Petition Seeks To Create New TSCA Ties To Other Laws

Environmentalists’ pending petition for EPA to regulate phosphogypsum under TSCA and other laws could create new ties between the toxics program and those governing other environmental media, should the agency back the petition’s approach of using a TSCA evaluation to strengthen policies under other statutes.

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Court Rejects New York’s Challenge To EPA Authority On Hudson Cleanup

A federal district court has rejected New York’s claim that EPA exceeded its legal authorities by granting General Electric (GE) a certificate of completion (COC) for cleanup of the Hudson River and a covenant not-to-sue, saying the Superfund law does not require EPA to label a cleanup as protective before it deems a remedial action to be complete.

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State Waste Officials Back Superfund Law Class Designation For PFAS

State waste regulators say the lack of federal regulation of per- and polyfluoroalkyl substances (PFAS) is hindering their efforts to clean up the chemicals, and they are calling for EPA to designate the entire class of thousands of PFAS as “hazardous substances” under the Superfund law, which would impose cleanup liability on parties at waste sites.

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EPA Revives IRIS Formaldehyde Assessment To Inform TSCA Evaluation

EPA is resuming the formaldehyde IRIS assessment that Trump-era officials froze and refused to release, with plans to use its findings in a TSCA evaluation of the ubiquitous chemical -- presenting a high-risk, high-reward strategy that could help the agency meet its TSCA deadline to evaluate formaldehyde by 2023, if the assessment does not stall again.

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EPA Vows ‘No Action’ For Violating One PBT’s Limits, Eyes Program Fixes

Prompted by industry warnings of daunting compliance hurdles, EPA has issued a 180-day “no action assurance” promising enforcement discretion for its newly effective ban on manufacturing or distributing products made with one closely watched persistent, bioaccumulative and toxic (PBT) chemical, just hours after the requirements took effect.

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New York Plans PFOA Air Limits But Environmentalists Resist Incineration

New York is moving to impose emissions limits on perfluorooctanoic acid (PFOA), the oldest known chemical among thousands of per- and polyfluoroalkyl substances (PFAS), that would apply when companies incinerate the substances to destroy them, but environmentalists oppose incineration and say the limits should be much stricter.

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EPA Staff Readying Next Steps On TSCA Despite Uncertain Biden Agenda

With wide-ranging reviews of Trump EPA actions ongoing, career TSCA staff remain unsure of the new administration’s broader plans for the program, one official says, even as they continue work on new chemical rules and evaluations required by the law -- a situation likely exacerbated by the lack of Senate-confirmed agency leaders.

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Environmentalists, Chemical Sector Spar Over EPA PFAS Disposal Policy

Environmentalists and the chemical sector are sparring over whether EPA should endorse interim storage for per- and polyfluoroalkyl substances (PFAS) as part of its interim guidance on PFAS disposal, with environmentalists warning of major data gaps about disposal but industry claiming that “safe and effective” disposal methods exist.

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Citing pandemic, OIG scraps audit of EPA radiological response office

The agency’s Office of Inspector General says it intends to resume its audit of EPA’s emergency response to radiological incidents once the COVID-19 pandemic is over.

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Judges Weigh High Court ‘Finality’ Ruling In Methylene Chloride Rule Suit

Following oral argument in environmentalists’ and industry’s wide-ranging suit over EPA’s rule governing methylene chloride paint-strippers, judges ordered all sides to weigh in on a new Supreme Court decision on when agency actions are “final” for open-records purposes, signaling that they could hold that the TSCA rule is not ripe for review.

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