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After Months of Delay, EPA Quietly Takes Steps Toward Community Outreach on Ethylene Oxide Risks

Key Takeaways What: On January 4, 2021, EPA determined that community-specific warnings regarding ethylene oxide (EO) risks need not be made immediately. EPA has now committed to making notifications by May 31, 2021 and...more

Litigation Risk to Ethylene Oxide Emitters Could Increase Under Biden Administration

Key Takeaways - • What: The U.S. Environmental Protection Agency (EPA)’s scientific work on ethylene oxide (EO) has been central to the basis of claims in recent toxic tort suits based on EO exposures; the Biden...more

RCRA Air Compliance Initiative and Rescission of “Once In, Always In” Policy Present Federal and State Self-Audit Opportunities

Key Takeaways - • What Happened: EPA urges self-audits for facilities subject to RCRA Parts 264/265 Subparts AA, BB and CC air emission standards to avoid potential for substantial penalties and injunctive relief ...more

EPA Finalizes Important Changes to Agency Guidance Procedures

Key Takeaways - • What Happened: EPA finalized new procedures for issuing, identifying, and maintaining Agency guidance documents....more

EPA Publishes MON RTR, But Delays Responding to Comments on Its Controversial Risk Assessment for Ethylene Oxide

On August 12, the United States Environmental Protection Agency (EPA) published the final “residual risk and technology” (RTR) rule for the Miscellaneous Organic Chemical Manufacturing (MON) source category (Final Rule or MON...more

EPA Lifting COVID-19-Related Enforcement Discretion Policy on August 31

On August 31, the U.S. Environmental Protection Agency (EPA) will terminate its March 26, 2020 policy that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy identified...more

EPA Weighs Lifting COVID-19-Related Enforcement Discretion Policy

EPA has recently confirmed that it is reviewing its March 26, 2020 guidance that provided enforcement discretion for certain types of violations due to impacts from COVID-19. The policy, described in a prior Beveridge and...more

EPA Policy Provides Enforcement Relief Where Needed Due to Pandemic

On March 26, 2020, EPA issued new guidance addressing a range of issues relating to environmental compliance and enforcement during the COVID-19 pandemic. The Agency sets expectations for the regulated community to continue...more

EPA Audit Program for Upstream Oil & Gas Facility Existing Owners

On December 19, 2019, the U.S. Environmental Protection Agency (EPA) announced a self-audit program that will be available to existing owners of upstream oil and gas facilities for a limited sign-up period of twelve months....more

Hundreds of Environmental Groups Urge Massive Rulemaking Changes to Control Air Emissions at Plastics Manufacturing Facilities

Led by the Center for Biological Diversity, a group of 364 environmental and other non-governmental organizations have filed a petition with the U.S. Environmental Protection Agency (EPA) to revise standards applicable to...more

Clean Air Act Single Source Determinations: This Time, Adjacent Means Adjacent!

The definition of a “source” is the foundation of air permitting. Yet for many years, one of the most vexing questions has been how to determine which air emission sources located near each other and under common ownership or...more

EPA Rescinds Obama-Era RMP Rule

Nearly three years after adopting extensive amendments to its rules on accidental release prevention under the Clean Air Act, the Environmental Protection Agency (EPA) adopted a final rule rescinding nearly all of the...more

EPA Issues Proposal to Amend RMP Rule

The U.S. Environmental Protection Agency (EPA) has released a long awaited proposal to update the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section 112(r)(7) risk management...more

EPA Issues New Residual Risk and Technology Rule for Petroleum Refineries

On September 29, 2015, the U.S. Environmental Protection Agency (“EPA” or the “Agency”) promulgated its final Petroleum Refinery Sector Risk and Technology Review (“RTR”) and New Source Performance Standards (“NSPS”) rule...more

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