Given today’s incessant media coverage and regulatory attention to PFAS (per- and polyfluoroalkyl substances), and their widespread presence in a host of products, it may seem surprising at first that the recently published 2021 Toxic Release Inventory (“TRI”) preliminary data
Continue Reading PFAS and TRI: More, Lots More, to Come
Chemicals
EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting
By Joseph J. Green & Zachary Lee on
Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know…
Continue Reading EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting
EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS
By Joseph J. Green on
Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS). In releasing the report, EPA indicated that it was concerned by “the seemingly limited…
Continue Reading EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS
The Prop 65 Pandemic: No Covid Slow-Down for Enforcement
By Joseph J. Green on
While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In 2020-2021, over 40% more Prop…
Continue Reading The Prop 65 Pandemic: No Covid Slow-Down for Enforcement
EPA “Fenceline Communities Screening Strategy” Aims to Advance Environmental Justice Agenda
By Joseph J. Green on
EPA released this past Friday the agency’s draft strategy for examining health and environmental risks in communities that reside near facilities that emit chemicals undergoing TSCA review. The “fenceline communities screening strategy” is an initial and explicit injection of “environmental…
Continue Reading EPA “Fenceline Communities Screening Strategy” Aims to Advance Environmental Justice Agenda
California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)
By Joseph J. Green on
Almost a year after initially proposing revisions that would substantially curtail use of the popular “short form” warnings under Proposition 65 (see my prior blog post for more details), the California Office of Environmental Health Hazard Assessment (OEHHA) has…
Continue Reading California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)
EPA Proposes Extension Until 2024 for Compliance with Problematic PBT Rule
By Joseph J. Green on
As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing…
Continue Reading EPA Proposes Extension Until 2024 for Compliance with Problematic PBT Rule
FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out
By Joseph J. Green on
A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to “take aggressive action to protect consumers from…
Continue Reading FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out
EPA Expands List of PFAS Subject to TRI Reporting
By Joseph J. Green on
The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program. Consistent with a recently leaked document highlighting priorities of the Office of Pollution …
Continue Reading EPA Expands List of PFAS Subject to TRI Reporting
EPA Considering Expanded TSCA CDR and TRI Reporting Requirements, Environmental Justice Analyses
By Joseph J. Green on
The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) and Environmental Protection and…
Continue Reading EPA Considering Expanded TSCA CDR and TRI Reporting Requirements, Environmental Justice Analyses