eBay Not Liable for Environmental Violations on Its Platform, Court Rules
A federal judge has dismissed a lawsuit brought by the Justice Department against eBay for allegedly selling products that violate environmental statutes, holding that eBay cannot be held liable under an internet speech law. The September 30 order in United States of America v. eBay, Inc., No. 23-CV-7173, applies section 230 of the Communications Decency […]
EPA Tightens Emissions Standards for Chemical Plants
The synthetic organic chemical manufacturing industry and some polymer manufacturers will face more stringent emissions limitations under a final rule published by EPA on May 16, 2024. The rule primarily targets emissions from chloroprene and ethylene oxide, which are linked to cancer in humans. The final rule amends the National Emissions Standards for Hazardous Air […]
EPA Releases Proposed Rule on Regulatory Requirements for New HAP Additions
Last month, EPA published a proposed rule that would amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) to facilitate the addition of pollutants to the list of Hazardous Air Pollutants (HAP) under the Clean Air Act (CAA). The proposed rule seeks to address applicability and compliance issues that EPA identified following the Agency’s […]
EPA Proposes Revisions to the Air Emissions Reporting Requirements
On August 9, 2023, EPA released a lengthy proposed rule revising the Air Emissions Reporting Requirements (AERR), which requires state, local, and some tribal agencies (“States”) to collect and report data on air pollutant emissions to EPA. Perhaps most importantly, the proposed rule would require the reporting of point source emissions of Hazardous Air Pollutants […]
DOJ Files Lawsuit Against eBay for Environmental Violations
On behalf of EPA, the Department of Justice (DOJ) has filed a lawsuit against the online retailer eBay for selling and distributing “hundreds of thousands of products” that allegedly violate the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA). DOJ first alleges that eBay […]
EPA Takes Action Against Denka for Air Pollution
On March 20, 2023, the Department of Justice (“DOJ”), on behalf of EPA, filed a motion for a preliminary injunction under the Clean Air Act (“CAA”), asking the federal district court for the eastern district of Louisiana to order Denka Performance Elastomer LLC (“Denka”) to immediately reduce chloroprene emissions from its neoprene manufacturing facility in […]
EPA PFAS Strategic Roadmap
EPA has compiled a roadmap outlining Key Actions to address the risks posed by PFAS. The roadmap identifies key actions under TSCA and other statutes including the Clean Water Act, the Safe Drinking Water Act, and Superfund. TSCA The roadmap calls for EPA to “close the door” on abandoned PFAS; i.e., PFAS chemicals that are […]
EPA Issues Second Draft “Eco ISA” for NOx, SOx and PM
EPA recently released the second draft of an Integrated Science Assessment (ISA) for “ecological effects” from NOx, SOx and PM, which include effects on flora, fauna and water resources. The ISA will be used to determine the need for revising the current secondary national ambient air quality standards (NAAQS) for these pollutants. Other welfare effects […]
EPA Proposes Revision of AP42 Emission Factors for Liquid Storage Tanks
As a result of widespread interest EPA recently extended the comment deadline for proposed revisions to AP42 chapter 7, which specifies emission factors for organic liquid storage tanks. The AP42 emission factors are used to estimate emissions from specific industrial facilities and processes when no site-specific emissions data are available. They are used in a […]
EPA Publishes NAAQS Proposals and Notices
EPA recently has published a plethora of proposed rules and notices governing or closely related to development of national ambient air quality standards (NAAQS). These include (in order by comment deadline): Consideration of costs and benefits. On June 13 (83 FR 27524), EPA issued an advance notice of proposed rulemaking (ANPRM) soliciting comment on whether […]