ENVIRONMENTAL LEGAL BLOGS

EPA ANNOUNCES LIMTIED USE OF AIRBORNE ANTI-VIRAL MIST FOR COVID

 

https://www.epa.gov/pesticide-registration/epa-decision-documents-emergency-exemption-requests-use-grignard-pure

"On Thursday, January 14, 2021, the U.S. Environmental Protection Agency (EPA) issued an emergency exemption for an antiviral air treatment, Grignard Pure, to be used in certain indoor spaces where social distancing can be challenging. This exemption has been granted to Georgia and Tennessee. After carefully reviewing safety and efficacy data, EPA has determined the product will provide another tool to assist Americans during the current public health emergency."

EPA ANNOUNCEMENT:RE DUST LEAD CLEARANCE LEVELS (DLCL)

"EPA is finalizing its proposal to lower the DLCL from 40 micrograms of per square foot ([mu]g/ft\2\) to 10 [mu]g/ft\2\ for floors, and from 250 [mu]g/ft\2\ to 100 [mu]g/ft\2\ for window sills."

The new rule is effective March 8, 2021

https://www.govinfo.gov/app/details/FR-2021-01-07/2020-28565

CALIFORNIA ADDS MARIJUANA SMOKE AND THC TO LIST OF PROP 65 CHEMCIALS

Per the Office of Environmental Health Hazard Assessment:

"Effective January 3, 2020, the Office of Environmental Health Hazard Assessment is adding cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9-THC) to the list of chemicals known to the state to cause reproductive toxicity (developmental endpoint) for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)".

Marijuana smoke was previously listed as a Proposition 65 chemical but only for cancer; the new regulation now also lists the smoke as a reproductive toxicity hazard. THC is now listed as a reproductive toxicant.

https://oehha.ca.gov/serp?search=cannibis

The Office of Environmental Health Hazard Assessment has announced that it is proposing a notification level for perfluorobutane sulfonic acid, one of the chemicals in the PFAS category. As OEHHA's announcement reads:

[OEHHA proposes a] notification level (NL) ... of 0.5 parts per billion (ppb), based on thyroid toxicity, for perfluorobutane sulfonic acid (PFBS) in drinking water. PFBS is a member of a large class of chemicals known as per- and poly-fluoroalkyl substances (PFAS) that are used in numerous commercial products for their water- and stain-repellent properties. An NL is the concentration of an unregulated drinking water contaminant that does not pose a significant health risk but warrants notification when exceeded.

The technical support document for this recommendation can be found at https://oehha.ca.gov/media/downloads/water/chemicals/nl/pfbsnl121820.pdf

FEDERAL GOVERNMENT AND CALIFORNIA REACH AGREEMENT TO DEMOLISH MAJORITY OF BUILDINGS AT SANTA ANA LABORATORY NUCLEAR SITE

     According to the Ventura County Star newspaper, the U.S. Energy Department and the California Department of Toxic Substances Control have reached agreement on demolishing 10 of the 18 buildings at the site, located just outside of Simi Valley, California.  See the November 19, 2020 edition of the paper, https://www.vcstar.com/story/news/local/communities/simi-valley/2020/05/20/energy-department-tear-down-10-buildings-toxic-santa-susana-site-california/5220880002/.

 

     The site has long been the subject of controversy, as neighborhoods in the area claim that contamination from historic testing operations at the site has contributed to cancer and other ailments among residents.

 

California Air Resources Board increases reporting obligations

    As many as 800 new chemicals will have to be reported by industry under new regulations approved on November 19, 2020 by the California Air Resources Board.

  See https://ww2.arb.ca.gov/our-work/programs/ab-2588-air-toxics-hot-spots/hot-spots-inventory-guidelines.  

 

CALIFORNIA LEGISLATURE SEND TOXIC-FREE COSMETIC ACT TO GOVERNOR

 On August 30, 2020, the Legislature passed the Act, Assembly Bill 2762.

The Act bans 12 chemicals banned from cosmetics fold in California, including formaldehyde, mercury, isopropyl parabens, and PFAS.  The law now goes to the Governor for signature.

    

 

 

 

EPA ADDS TO PFAS REPORTING OBLIGATIONS

Effective July 1, 2021 companies must report their use of additional designated PFAS chemicals under the Toxic Release Inventory program.  The list of all specific chemicals requiring reporting can be found at https://www.epa.gov/toxics-release-inventory-tri-program/list-pfas-added-tri-ndaa.

 

There is a reporting threshold of 100 pounds  and de minimis exceptions to reporting, ranging from 0.1% for PFOA and 1% for other PFA's.  See https://www.epa.gov/pfas/basic-information-pfas  for EPA's general information discussion on PFA's.

 

NINE STATES CHALLENGE FEDERAL EPA BROAD FLEXIBILITY DURING COVID CRISIS

    As mentioned before in this blog, EPA has issued an enforcement memorandum indicating the agency is disposed to show some flexibility tin enforcing environmental standards during the nationwide economic shutdown as a result of the Corona virus pandemic.  Predictably, the agency action has been met with litigation.

    The liberal Attorneys General of nine States (New York, California, Illinois, Maryland, Michigan, Minnesota, Oregon, Vermont and Virginia) have filed a lawsuit in the federal court for the Southern District of New York (New York, et al. v. United States EPA, et al.; case 20-CV-3714, filed May 13,2020) alleging that the new policy is too vague and too broad; that the policy will result in more pollution and threats to human health and the environment; and that the agency lacks legal authority to loosen environmental restrictions in the manner done irrespective of the economy.

     The lawsuit does not cite any actual harm that has so far occurred due to EPA's change in policy but argues only that all kinds of harm are threatened.  EPA is expected to argue that any specific harm that occurs can be adjudicated on a case by case basis when, as and if the controversy becomes ripe for adjudication,

 

NEWSOM TEMPORARILY SUSPENDS PLASTIC-BAG BAN

    As a result of Proposition 67 passing in 2016, grocery stores in California have been banned from providing customers with plastic bags for their purchases.  opponents of the ban have argued that reusable grocery bags themselves posed a risk of environmental damage, claiming that diseases resulting from unwashed/inadequately cleaned bags are as dangerous as polluting the oven's with used plastic.

    Because of the corona virus, Governor Newsom has, at least temporarily, in essence agreed with the plastic bag ban opponents.  He has temporarily by Executive Order, suspended the ban until June 22nd on the basis that the reusable bags pose too much danger of carrying the corona virus from being inadequately cleaned.  FYI.