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PFAS/CERCLA Liability: National Waste & Recycling Association/Solid Waste Association of North America Ask Congress for Exemption

The National Waste & Recycling Association (“NWRA”) and Solid Waste Association of North America (“SWANA”) sent a May 10th joint letter to the Chairmen and Ranking Members of the leadership of the following Congressional...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

PFAS/CERCLA Liability: Ten Water Sector Associations Request Exemption

Ten water sector associations sent an April 28th joint letter to key United States Senate and House of Representatives Committee Chairmen and Ranking Members seeking an exemption from the Comprehensive Environmental Response,...more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and South Carolina Motor Carrier Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Greenwood Motor Lines d/b/a R+L Carriers (“Greenwood”) entered into a Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the...more

Tank Explosion/Hazardous Materials Transportation Act: Federal Court Considers Whether Alleged Failure to Warn Claim is Preempted

The United States District Court for the Southern District of New York (“Court”) addressed in a March 11th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

Chemical Accident Prevention/EPA Should Ensure Regulated Facilities Consider Risks from Climate Change: U.S. Government...

The United States Government Accountability Office (“GAO”) issued a February 22 report titled: Chemical Accident Prevention: EPA Should Ensure Regulated Facilities Consider Risks from Climate Change (“Report”)...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Addresses UN Specification Markings for...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) clarified in a January 18th letter the Hazardous Materials Regulations (“HMRs”) applicable to UN specification markings for non-bulk...more

3/3/2022  /  Hazardous Substances , PHMSA

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Granting Petition Objecting to Pecos County, Texas, Gas Plant...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a January 28th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the ETC Waha...more

Superfund/Initial List of Taxable Substances: Internal Revenue Service Issues Notice 2021-66

The Internal Revenue Service (“IRS”) has published Notice 2021-66 titled: Superfund: Initial List of Taxable Substances; Registration; Procedural Rules; Request for Comments; Suspension of Notice 89-61 (“Notice 2021-66”)...more

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Utica, New York, Brewing Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Matt Brewing, Co., Inc. (“MBCI”) entered into a September 21st Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the regulations...more

PFAS: U.S. Environmental Protection Agency Announces Comprehensive National Strategy

United States Environmental Protection Agency (“EPA”) Administrator Michael Regan announced on October 18th what is described as a “Comprehensive National Strategy to Confront PFAS Pollution” (“Strategy”). The Strategy...more

Bankruptcy/CERCLA(Superfund): Federal Court Addresses Whether Chapter 11 Discharge Nullifies Contribution Action

A United States District Court (D. Maryland) (“Court”) addressed in a October 12th Opinion whether a Chapter 11 bankruptcy discharge barred a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)...more

Communicating Health Risks at Contaminated Sites: U.S. Environmental Protection Agency Office of Land and Emergency Management...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 9th report titled: EPA’s Office of Land and Emergency Management Lacked a Nationally Consistent Strategy...more

Roadway Striping/Use of Non-DOT Specification Cargo Tanks: Pipeline and Hazardous Materials Safety Administration Issues Safety...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an August 12th Safety Advisory Notice titled: Roadway Striping and Use of Non-DOT Specification Cargo Tanks (“Safety Notice”) PHMSA states...more

Transportation/Hazardous Materials: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Question Involving...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 19th letter the application of the federal Hazardous Materials Regulations (“HMR”) to: . . . a driver transporting...more

Superfund/CERCLA Cost Recovery Action/Mercury Refinery Site: U.S. Department of Justice and Four Companies Enter into Consent...

The United States Department of Justice (“DOJ”) and four companies entered into a proposed August 18th Consent Decree (“CD”) settling a Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund”) cost...more

Release Reporting/CERCLA Enforcement: U.S. Environmental Protection Agency and Louisville, Kentucky, Food Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and Ferrara Candy Company (“FCC”) entered into an August 2nd Consent Agreement (“CA”) addressing alleged violations of the Comprehensive Environmental Response,...more

Designation of PFAS as CERCLA Hazardous Substances/Wastewater - Drinking Water Utility Exemption: American Water Works Association...

The American Water Works Association (“AWWA”) sent a July 19th letter to the Chairman and Ranking Member of the United States House of Representatives Committee on Rules urging support for an amendment (“Amendment 18”) to the...more

Transportation/Hazardous Materials Regulations: Pipeline and Hazardous Materials Safety Administration Clarifies Compressed Gases...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an April 13th letter addressing a request for clarification of the Hazardous Materials Regulations (“HMR”)...more

Brownfield Redevelopment: Tennessee Redevelopment of Environment and Conservation and Nashville Site Owner Execute Voluntary...

The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and Nashville Gulch Hotel, LLC, (“Nashville Gulch”) executed a March 30th Brownfield Voluntary Agreement (“BVA”) addressing a...more

Brownfield Voluntary Agreement: Tennessee Department of Environment and Conservation and Memphis Site Owner Execute Agreement

The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and the Montgomery Partnership (“Montgomery”) executed a February 26th Brownfield Voluntary Agreement (“BVA”) addressing a Memphis,...more

Brownfield Redevelopment: Tennessee Department of Environment and Conservation Executes Voluntary Agreement Addressing Nashville...

The Tennessee Department of Environment and Conservation Division of Remediation (“TDEC”) and Germantown JV, LLC (“Germantown”) entered into a January 12th Brownfield Voluntary Agreement (“BVA”). The BVA addresses a...more

Hazard Communication Standard: Occupational Safety and Health Administration Proposed Revisions/Update

The Occupational Safety and Health Administration (“OSHA”) announced on February 5th a prepublication proposed rule to update and revise its Hazard Communication Standard (“HCS”)....more

PFAS/Natural Resource Damages: New Jersey Attorney General Files Cost Recovery Action Against Gloucester County Facility

The New Jersey Attorney General ("AG") on behalf of the New Jersey Department of Environmental Protection filed a lawsuit in Superior Court of New Jersey Law Division ("Gloucester County") against Solvay Specialty Polymers...more

Midstream Processing Facilities: Pipeline and Hazardous Materials Safety Administration Guidance Addresses Agency Jurisdictional...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) published in the November 4th Federal Register a set of draft Frequently Asked Questions (“FAQs”) addressing federal oversight of midstream processing...more

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