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Certain PFAS Added to TRI List of Chemicals (Effective 1/1/2020)

On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law. Among other provisions, the NDAA adds certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to TRI reporting and establishes a framework for including additional PFAS on the TRI list. Note that the addition…

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Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS

These recommendations provide clear and consistent guidance for federal cleanup sites being evaluated and addressed under federal programs, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and corrective action under the Resource Conservation and Recovery Act (RCRA). The recommendations in this guidance may also be useful for state, tribal, or other…

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IEPA SRP Expedited Permit Program

Shared from a recent Illinois EPA press release. The Illinois EPA’s Site Remediation Program (“SRP”) is a voluntary program that provides Remediation Applicants the opportunity to receive review and evaluation services, technical assistance and no further remediation determinations for site investigations and remedial action projects.  After a Remediation Applicant enrolled in the Site Remediation Program…

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The Pollution Control Board proposed amendments which will impact transporters of special waste and empty portable devices or containers

The POLLUTION CONTROL BOARD proposed amendments to the Part titled Special Waste Hauling (35 IAC 809; 43 Ill Reg 13361) that permit use of an Illinois Environmental Protection Agency prescribed manifest form by haulers of non-hazardous special waste as an alternative to the more burdensome and costly USEPA Uniform Hazardous Waste Manifest (which is still…

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The Changing Scope of Federal Power Under the Clean Water Act: Are Discharges of Pollutants From a Point Source to Groundwater Regulated Under the Clean Water Act?

by Gabrielle E. Thompson, Ankur K. Tohan; K&L Gates LLP 21 November 2019 On Wednesday, November 6, 2019, the U.S. Supreme Court heard oral argument in County of Maui, Hawai´i v. Hawai´i Wildlife Fund,[1] a case that considers whether the Clean Water Act (“CWA”) applies to discharges of pollutants from point sources into groundwater that…

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The Chicago Ozone Nonattainment Area Status Has Become a Moving Target

By Ann Zwick, Freeborn & Peters on November 7, 2019 The ink is barely dry on the reclassification of the Chicago ozone nonattainment area from moderate to serious, under the 2008 ozone National Ambient Air Quality Standards (NAAQS), and the Illinois Environmental Protection Agency (IEPA) intends to seek redesignation to attainment.  According to IEPA staff,…

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DOJ Policy Review of SEPs May Have Big Implications for Company Environmental Settlements

The U.S. Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions. This review could potentially have far-reaching implications for companies that seek to settle such actions brought by either the federal government, or in the case of…

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Illinois EPA’s Office of Energy Awards Grant to Southern Illinois University-Carbondale for Innovative Engineering Project

Project Will Deliver Solar, Energy Storage and Communication Resilience SPRINGFIELD — The Illinois Environmental Protection Agency Director John J. Kim has announced that the Agency’s Office of Energy has issued a $900,000 grant award to SIU Carbondale for a unique solar photovoltaic plus energy storage and communication resiliency project. The SIU Solar + Storage project…

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Michigan to protect public from PFAS containing firefighting foam under $1.4 million collection and disposal program

The Michigan PFAS Action Response Team (MPART) announced today the state has approved $1.4 million for the collection and disposal of PFAS-containing aqueous film forming foam (AFFF) currently held in inventory by fire departments and commercial airports across the state. The Department of Environment, Great Lakes, and Energy (EGLE) procurement office today awarded US Ecology…

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Taking Action on PFAS

Issues related to per- and polyfluoroalkyl substances (PFAS) have been top-of-mind for the environmental industry since the early 2000s, when the U.S. Environmental Protection Agency (EPA) raised concerns about PFAS-related health effects. Over the past two decades, such substances have drawn increased attention, prompting state and federal regulators to grapple with the challenges of how…

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