News & Analysis as of

Clean Air Act Chemicals Hazardous Substances

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...more

Akin Gump Strauss Hauer & Feld LLP

Regulatory Relief for Certain Stationary Sources to Promote American Chemical Manufacturing Security (Trump EO Tracker)

Grants a two-year exemption from compliance with the EPA’s HON Rule for 25 specified chemical manufacturing facilities. Extends implementation of new hazardous air pollutant standards under Section 112 of the Clean Air Act,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Synthetic Organic Chemical Manufacturing Industry/Polymers and Resins Industry NESHAP: American Chemistry Council/American Fuel &...

The American Chemistry Council (“ACC”) and American Fuel & Petrochemical Manufacturers (“AFPM”) sent a March 31st letter to the United States Environmental Agency (“EPA”) requesting: …a two-year exemption from the...more

Cozen O'Connor

EPA Chemical Accident Safety Rule Challenge Ignites AG Conflict

Cozen O'Connor on

Sixteen Democratic AGs and the Harris County Attorney (Houston, Texas) have filed a motion to intervene in a lawsuit brought by industry groups challenging the EPA’s denial of their petition for reconsideration of the...more

Holland & Knight LLP

Impacts of a Trump EPA on Chemical Transporters' Reliance on In-Transit Exemptions

Holland & Knight LLP on

The global bulk chemical shipping industry relies on chemical transportation depots to be responsive to market demands by temporarily holding trailers and containers of chemical products en route to their final destinations...more

Stoel Rives - Environmental Law Blog

EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect

The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers....more

Mitchell, Williams, Selig, Gates & Woodyard,...

EPA's RMP Rule: Failures to Protect the American People/American Manufacturing: U.S. House of Representatives Subcommittee on...

The United States House of Representatives Subcommittee on Environment, Manufacturing, and Critical Materials of the Energy and Commerce Committee held a May 7th Hearing titled: EPA’s RMP Rule: Failures to Protect the...more

Holland & Knight LLP

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

Holland & Knight LLP on

Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more

Williams Mullen

"Risky Businesses" Beware - EPA's New Risk Management Plan Requirements Could Bite

Williams Mullen on

Under the Clean Air Act, facilities that present a high risk of chemical accidents, including those engaged in industries such as chemical manufacturing, paper manufacturing, and warehousing and storage, are required to...more

Kelley Drye & Warren LLP

EPA Finalizes First-Ever Facility Response Plan Requirements for “Worst-Case” Chemical Discharges to Water

Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reconditioning/Used Drum Management: ASTSWMO Comments Addressing U.S. Environmental Protection Agency Advance Notice of Proposed...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 22 addressing the following Advance Notice of...more

K&L Gates LLP

The $363 Million Dollar Question: Are Your Ethylene Oxide Emissions a Litigation Target?

K&L Gates LLP on

On 19 September 2022, a Cook County, Illinois jury awarded US$363 million to a plaintiff who alleged that her breast cancer was caused by emissions of ethylene oxide (EtO) from a Sterigenics facility in Willowbrook, Illinois....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The CSB Adopts Final Accidental-Release Reporting Regulations

The U.S. Chemical Safety and Hazard Investigation Board (CSB) adopted regulations on February 21, 2020, under the Clean Air Act requiring the reporting of certain accidental releases. Their purpose is to enable the CSB to...more

Williams Mullen

EPA Amends CAA 112(r) Risk Management Program

Williams Mullen on

EPA has published a final rule amending its Clean Air Act (CAA) Risk Management Program (“RMP”) regulations. EPA states the new rule will reduce the likelihood of accidental releases at chemical facilities, improve emergency...more

Pillsbury - Gravel2Gavel Construction & Real...

EPA Risk Management Plan Revisions

On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These...more

Robinson & Cole LLP

EPA Proposes Significant Expansions of Its Risk Management/Accidental Release Prevention Program

Robinson & Cole LLP on

On March 14, 2016, The Environmental Protection Agency (EPA) published proposed revisionsto the Risk Management Program (RMP) (also known as Accidental Release Prevention) rule at 40 CFR Part 68, under Section 112(r) of the...more

Beveridge & Diamond PC

RMP and General Duty Clause Enforcement Continues at EPA Region 1

As we reported last year, the U.S. EPA has stepped up its enforcement activity under the risk management provisions of the Clean Air Act (“CAA”), Section 112(r), focusing on both the Risk Management Plan (“RMP”) program rules...more

Bergeson & Campbell, P.C.

Wrap-up of Federal Chemical Regulatory Developments - June 2014

EPA Extols Pesticide Civil Penalty, But The Decision Could Be Problematic For Registrants And EPA: On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Do I Have to Think About Environmental Compliance?

Electric utilities, pulp and paper mills, and manufacturers of all types are subject to a wide range of environmental requirements. Other businesses—like retail facilities, warehouses, and property management companies—are...more

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