On October 11, 2023, EPA released its final rule imposing detailed reporting requirements on entities that have manufactured or imported PFAS for commercial purposes. Notably, the reporting rule also applies to importers of articles containing PFAS, which could include many
The Nickel Report
Trends and Developments in Energy and Environmental Law
Latest from The Nickel Report - Page 3
Fixing the Class VI Permit Application Backlog
Many involved in carbon capture utilization and storage (CCUS) policy foresaw several years ago the situation we are in now: lots of Class VI Underground Injection Control (UIC) permit applications to store CO2, not enough speed at the US Environmental…
Agencies Issue Final Rule to Amend the 2023 “Waters of the United States” Definition
On September 8, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a final rule in the Federal Register to amend the Agencies’ January 2023 “waters of the United States” (WOTUS) definition. 88 Fed. Reg. 61,964…
EPA Waives Certain Requirements and Faces Litigation Over New TSCA Final Rule to Protect CBI Claims
EPA finalized a rule effective on August 7, 2023 concerning the treatment of confidential business information (CBI) claims made in Toxic Substances Control Act (TSCA) submissions. Companies who submit any information to EPA under TSCA and want their confidential information…
EPA Announces Its Final National Enforcement and Compliance Initiatives for FY2024-2027
The US Environmental Protection Agency (“EPA”) recently finalized its long-anticipated National Enforcement and Compliance Initiatives (“NECIs”) for fiscal years 2024 through 2027, naming six “priority areas” on which EPA’s Office of Enforcement and Compliance Assurance (“OECA”) will focus its enforcement…
BSEE Announces New Well Control Rule
On August 22, 2023, the Department of the Interior (“DOI”) announced that the Bureau of Safety and Environmental Enforcement (“BSEE”) has issued the final Well Control Rule for drilling, workover, completion and decommissioning operations. This final rule clarifies blowout preventer…
Hunton Andrews Kurth Releases Interactive Map Tool of State Requirements for PFAS-Containing Products
As states across the country develop laws addressing per- and polyfluoroalkyl substances (PFAS), a patchwork of requirements has begun to emerge, creating challenges for those who manufacture, distribute, and sell products around the country. In 2023, over 200 bills were…
Updates to the GHG Protocol Corporate Standard and Guidance: What to Expect
The Greenhouse Gas (GHG) Protocol Corporate Standard and related guidance are widely accepted as leading sources for companies to use in quantifying and reporting their GHG emissions. Companies report GHG emissions for a number of reasons (both legally mandated and…
EPA Proposes to Modify Regulations to Facilitate State Assumption of CWA Section 404 Permitting
On August 14, EPA published its proposed modifications to regulations establishing the requirements for a state or tribe to assume the Clean Water Act (CWA) section 404 permit program, including necessary state program elements, EPA responsibilities (e.g., approval and oversight…
Possible Stringent Secondary NAAQS Raise Implementation Questions
Secondary NAAQS have traditionally not been more stringent than primary ones, yet EPA’s staff and science advisors are developing recommendations that EPA promulgate such standards. Any new, more stringent secondary NAAQS would raise significant implementation questions.…