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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

Original Kelley Drye Client Advisory posted on June 30, 2022.

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s”…
Continue Reading The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

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

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

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

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

Facing a massive uproar from industry groups and companies, late yesterday EPA put a hold on enforcement of a newly effective prohibition on one “PBT” chemical and announced a new comment period to re-examine the rules issued on January 6,…
Continue Reading EPA Grants Temporary Reprieve to TSCA PBT Chemical Prohibition, Re-Opens Comment Period

Earlier this week, EPA issued another “stop sale” order to Amazon directing the company to take steps to prevent the continued sale “of potentially dangerous or ineffective unregistered pesticides and pesticide devices making illegal and misleading claims, including multiple products…
Continue Reading EPA Extends Coronavirus Enforcement Against On-Line Sales of Unregistered Disinfectants