January 2014
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Pollution Control Board Denies Rulemaking For Coal/Coke…For Now
By: Seth J. Schriftman On January 23, 2014, the Illinois Pollution Control Board (“IPCB”) denied a motion for emergency rulemaking regarding coal and coke processing, transport, storage, and handling, which was submitted by the Illinois Environmental Protection Agency (“IEPA”) only a week earlier. Within the several days between the filing and ruling, the IPCB… Continue reading
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Department of Defense Publishes Proposed Rule Regarding Storage, Treatment, and Disposal of Toxic or Hazardous Materials
By: Genevieve Essig Yesterday, the Department of Defense published proposed rule 79 CFR 4648 (Jan. 29, 2014), which relates to DFARS regulations on the storage, treatment, and disposal of toxic or hazardous materials. The rule in essence seeks to catch up 48 CFR 223.71, which contains a prohibition on the storage and disposal of non-DoD-owned… Continue reading
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Environmental & Energy Cert. Petition Watch
As part of the “Environmental & Energy Cert. Petition Watch” project, in the past week, the following EHS-related petitions have been filed, denied, or granted. Continue reading
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U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case
The U.S. Supreme Court has denied cert in the widely-followed case of Bernstein v. Bankert, No. 13-568, declining to review the Seventh Circuit’s ruling on the availability of CERCLA cost recovery and contribution actions following entry of an Administrative Order on Consent (“AOC”) with U.S. EPA. Continue reading
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OMB Extends SCC Comment Period
OMB today extended the comment period on its revisions of the Social Cost of Carbon technical document for an additional 30 days, to February 26, 2014, to permit commenters adequate time to review the document and related information in the scientific literature. The technical document affects the analysis underlying agency and OMB benefit / cost… Continue reading
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Environmental & Energy Cert. Petition Watch
As part of the “Environmental & Energy Cert. Petition Watch” project, in the past week, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert petitions submitted from August 2013 through the present (as of January 20, 2014), click here. Continue reading
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EU Evaluates Banning Flame Retardants and Phthalates In Electronic And Electrical Goods
In light of a recent study conducted on behalf of the European Commission (which is the executive body of the European Union (EU) responsible for proposing legislation), the Commission is expected to propose a ban on certain phthalates and flame retardants in electronic and electrical goods. More specifically, the Commission is expected to add a… Continue reading
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Environmental & Energy Cert. Petition Watch
As part of the “Environmental & Energy Cert. Petition Watch” project, in the past week, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert. petitions submitted from August 2013 through the present (as of January 12, 2014), click here. Continue reading
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NIOSH Issues Updated Nanotechnology Research And Guidance Plan
In December 2013, the National Institute for Occupational Safety and Health (NIOSH or “the institute”) released its most updated nanotechnology strategic plan – Protecting the Nanotechnology Workforce: NIOSH Nanotechnology Research and Guidance Strategic Plan, 2013-2016 (the “Plan”). Nanotechnology involves the manipulation of matter on a near-atomic scale to produce new materials and devices. Many of… Continue reading
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EPA Issues Final Rule Confirming New ASTM E1527-13 Standard Will Meet “All Appropriate Inquiries” Under CERCLA, Older ASTM E1527-05 Standard Still Good . . . For Now
On December 30, 2013, the US EPA issued its final rule confirming that the new ASTM E1527-13 standard, in addition to the older ASTM E1527-05 standard, is acceptable for prospective purchasers of real property to conduct “All Appropriate Inquiries” (AAI) under CERCLA. The Final Rule can be found here and became effective on December 30,… Continue reading