National Law Review
National – The U.S. Environmental Protection Agency (EPA) announced on May 24, 2022, that it is extending the public comment period for the April 12, 2022, proposed rule that would prohibit ongoing uses of chrysotile asbestos to give stakeholders more time to review the proposed regulation and prepare comments. EPA is extending the comment period an additional 30 days, from June 13, 2022, to July 13, 2022. For the full text of the release, click here.
Bloomberg Law
Washington, DC – The EPA’s plan to designate for the first time two “forever chemicals” as hazardous substances under the powerful Superfund law has sparked fears of runaway costs associated with cleaning up contaminated sites, attorneys say. An EPA proposal to designate PFOA and PFOS would be the first time the agency has wielded the Comprehensive Environmental Response, Compensation, and Liability Act, known as CERCLA or the Superfund law, to designate chemicals as hazardous in the 40-plus years since its passage. For the full text, click here.
Energy News Lisa Prevost
National – A new Connecticut program is expected to help cut energy bills and improve living conditions for low-income residents throughout the state. The Statewide Weatherization Barrier Remediation Program, overseen by the state Department of Energy and Environmental Protection, will pay for the cleanup of mold, asbestos and other health and safety barriers that can prevent homeowners from pursuing weatherization projects. The new program is expected to cover the cost of remediating hazardous conditions for up to 1,000 income-eligible households over the next three years. For the full text, click here.
The Intercept
by Sharon Lerner
National – US Ecology, a hazardous waste company with dozens of sites around the U.S., received 11,638,732 pounds of waste containing the firefighting foam known as aqueous film-forming foam, or AFFF, at its facility in Beatty, Nevada, in 2020, according to public reports filed under the Resource Conservation and Recovery Act. The company has also received, and did not report, waste containing AFFF at its facilities in Robstown, Texas, and Grand View, Idaho. It is unclear whether the company’s failure to disclose the waste violated the law or whether it was legal under a loophole in the reporting requirement. For the full text, click here.
NPR by Nina Totenberg
Washington, DC – U.S. Supreme Court on Thursday dealt a major blow to the Environmental Protection Agency’s power to regulate carbon emissions that cause climate change. The decision by the conservative court majority sets the stage for further limitations on the regulatory power of other agencies as well. By a vote of 6 to 3, the court said that any time an agency does something big and new – in this case addressing climate change – the regulation is presumptively invalid, unless Congress has specifically authorized regulating in this sphere. For the full text, click here.
EPA Boston, MA
EPA has reached a settlement with American Wire, LLC, a Rhode Island corporation, for alleged violations of the Lead Renovation, Repair, and Painting (RRP) Rule during 2020 renovation and construction activities at a Pawtucket, R.I. property known as American Wire Residential Lofts. As the result of an investigation that included an on-site inspection coordinated with the Rhode Island Department of Health, EPA determined that among other alleged violations, American Wire was not a Rhode Island Lead Hazard Control licensed firm (the equivalent of an EPA-certified firm). EPA also alleged that the company failed to ensure that a certified Lead Renovator was designated as the person responsible for oversight of each renovation project in a building being renovated for residential occupancy. Pursuant to the settlement, American Wire has paid a fine of $25,000 and has come into compliance with lead paint laws. For the full text, click here.