Archives: Environmental Compliance & Permitting

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The Rise of Vapor Intrusion

Thank you to my colleague Jim Ray for his contributions to this post. Jim is a partner in our Environmental & Energy Practice Group. We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion. Vapor intrusion is the migration … Continue Reading

TSCA Implementation Update: EPA Finalizes Framework Rules and Announces Scope For First Risk Evaluations

  Thank you to my colleague, Emilee Mooney Scott, for this post. Emilee is an associate in our Environmental & Utilities Practice Group. TSCA Framework Rules Promulgated As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those … Continue Reading

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place a couple of initiatives in an effort to streamline and improve the Superfund process and cleanups. In addition, … Continue Reading

What Will 2017 Bring For Manufacturers: Environmental, Health & Safety Edition

This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety. Citizen Science With increasing awareness of environmental issues and advancing monitoring technologies comes a rise in citizen science. Citizens—be it a single person or … Continue Reading

Things Manufacturers Should Be Watching In 2017 In The Areas of Corporate Compliance / Litigation

As is our annual tradition, this is the first in a series of posts that provide industry and legal outlooks for manufacturers as we head into 2017.  I will start with corporate compliance and litigation.  Matt will follow with labor/employment.  And, Megan will conclude the series with Environmental Health & Safety (EH&S). Here are issues … Continue Reading

EPA Turns Up the Heat on Refrigerant Regulation

Special thanks to my colleague, Brian C. Freeman, for this post. Brian is an attorney in our Environmental & Utilities group with a particular focus on air quality. Refrigeration and cooling systems face expanded and tighter regulation under a final rule recently signed by EPA Administrator Gina McCarthy.  The rule revises and expands EPA’s regulations … Continue Reading

The Chemistry Was Right For TSCA Reform

Thank you to my colleague, Emilee Mooney Scott, for her contributions to this post. Emilee is an associate in our Environmental & Utilities Practice Group. In a rare bipartisan effort, Congress overwhelmingly passed a bill significantly reforming the chemical safety provisions of the Toxic Substances Control Act (“TSCA”) for the first time in its forty-year … Continue Reading

Environmental, Health & Safety – What to Watch in 2016

To round out our series on industry and legal outlooks for 2016, I have compiled some of the many things for manufacturers to be aware of in the Environmental Health & Safety world for 2016. 1. Expansion of CERCLA Liability The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) is always a concern for manufacturers … Continue Reading

EPA To Propose Overhaul of RCRA Generator Regulations

EPA is poised to publish a proposed rule revising regulations applicable to hazardous waste generators under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (RCRA).  The proposed rule, which has not yet been published in the Federal Register, represents a significant overhaul of the RCRA generator regulations.  EPA states that the … Continue Reading

Does Next Generation Compliance Mean Expanded Enforcement?

EPA is in the process of rolling out Next Generation Compliance, or NextGen, in an effort to make its programs more effective, facilitate compliance, and, ultimately, enhance environmental benefit.  But in many ways, NextGen seems poised to expand enforcement against the regulated community. NextGen consists of five interconnected components: More Effective Regulations and Permits Advanced … Continue Reading

Major Expansion of EPA Rules for Underground Storage Tanks

Thank you to my colleague Brian Freeman for his contributions to this post.  Brian is an attorney in the Environmental & Utilities Practice Group who has significant experience with underground storage tank issues for industrial and petroleum clients. On July 15, 2015, the United States Environmental Protection Agency (EPA) published a final rule significantly expanding its … Continue Reading

Disclosing Violations to EPA in a Digital Age

Thank you to my colleague Bob Melvin for his contributions to the post below. Bob is a partner in the Environmental & Utilities Practice Group whose practice focuses on representing manufacturers with enforcement, compliance, and permitting issues. Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental … Continue Reading

The Manufacturing Law Blog Welcomes New Authors

It is my pleasure to announce that the Manufacturing Law Blog will have two new authors going forward.  With the departure of our friend and colleague, Pam Elkow, Matt and I have asked Megan Baroni and Earl Phillips to join our team.  Both Megan and Earl are members of our firm’s Environmental + Utilities Group, … Continue Reading

TSCA Reform and Its Implications for Manufacturers

Even if you’re well-versed in environmental statutes, one you might not spend a lot of time thinking about is the Toxic Substances Control Act, or TSCA.  That’s because, with a few notable exceptions (PCBs being a good example), TSCA currently focuses on regulating new chemicals as they are introduced into commerce, or on significant new uses … Continue Reading

When Bad Things Happen at Good Facilities (Hazardous Air Pollutant Edition)

(Many thanks to my colleague and source of all info air related, Brian Freeman, who wrote today’s post.) Malfunctions happen, even at a well-managed facility.  When they happen, they can cause a facility to deviate from emission limits or other standards regarding (among other things) hazardous air pollutants.  Furthermore, through several court rulings and EPA … Continue Reading

Five 2015 Environmental, Health and Safety Issues Manufacturers Need to Keep An Eye on

Matt set a pretty high bar last week, summarizing his thoughts for what could be a tumultuous 2015 on the labor and employment front.  Now, it’s my turn to provide some thoughts for 2015 the EHS front.  I’m not sure I’d call all of these predictions, since we know that they’re out there – more … Continue Reading

Manufacturers Are Building Occupants, too – EHS Issues Related to Building Occupancy

Obviously, our blog focuses on issues that affect manufacturers.  Specifically, my posts deal with environmental or health and safety issues manufacturers face. Sometimes, though, it’s good to step back and remember that manufacturers are also companies that occupy buildings and have employees, and there are environmental or health and safety issues that just go along … Continue Reading

How Good Are Your Green Claims?

Do you make a “green” product?  Do you make any claims about the recyclability, renewable energy used, sustainability or other “green-ness” of your product?  If so, you may want to double check those claims. The Federal Trade Commission first issued its “Green Guides” several years ago, and issued revised Green Guides in October 2012.  The … Continue Reading

Happy Earth Day! Let’s talk about Sustainable Manufacturing

It’s Earth Day, April 22, 2014, and I’m an environmental attorney.  So I felt compelled to make sure that my post this week focused on the environment and the efforts of the manufacturing community in improving our environment.   The (relatively) easy part is done – companies comply with the various air, water and waste laws … Continue Reading

California’s Draft Initial List of “Priority Products” under Its Safer Consumer Products Program

On March 13, the California Department of Toxic Substances Control (DTSC) announced the initial draft list of “priority products” under the state’s Safer Consumer Products program.  Once the list is finalized, the program will requires companies to determine if there are less toxic alternatives to the chemicals in these consumer products. The three “priority products” … Continue Reading

Responsible Care Qualifies for Liability Protection (Again) under the SAFETY Act

The chemical industry’s Responsible Care Security Code has qualified for five years of continued protection under the SAFETY Act, run by the Department of Homeland Security (“DHS”).  Responsible Care was first recognized by DHS in 2009 as a Qualified Anti-Terrorism Technology under the Support Anti-Terrorism by Fostering Effective Technologies (“SAFETY”) Act of 2002 and was … Continue Reading

Are you a “polluter”? 2012 Toxic Release Data Available; Decreases in Releases

Many manufacturers are subject to the U.S. Environmental Protection Agency’s Toxic Release Inventory or TRI reporting.   If you have more than 10 employees, and manufacture, process or otherwise use more than 10,000 pounds of a “toxic chemical,” chances are you are required to file each July either a Form R, listing those “toxic chemicals” or … Continue Reading

Connecticut Department of Energy and Environmental Protection – Esty back to Yale, Klee named Commissioner

Last week, Daniel Esty, Commissioner Connecticut of Energy and Environmental Protection announced his resignation to return to Yale University School of forestry, from which he had taken a 3 year leave of absence to join the Malloy administration. Governor Malloy quickly named Robert Klee, Esty’s Chief of Staff, as the new Commissioner.  From the Governor’s … Continue Reading
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