PFAS Updates in First Half of 2024
In the first half of 2024, significant activity occurred in regulations and other actions related to per- and polyfluoroalkyl substances (PFAS). The United States Environmental Protection Agency (EPA) proposed and finalized major PFAS-related updates. These updates included: Additionally, in Illinois, the Illinois Pollution Control Board (IPCB) moved to First Notice its rules for groundwater quality […]
Chevron Deference Overturned by U.S. Supreme Court
On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its long-anticipated decision in Loper Bright Enterprises v. Raimondo, overturning Chevron, which had provided deference to the interpretations of agencies where a statute was ambiguous. SCOTUS granted certiorari limited to the question of whether Chevron U. S. A. Inc. v. NRDC, Inc. 467 U.S. 837 should […]
U.S. EPA Includes Major Emphasis on PFAS in Its 2025 Budget Request
In March 2024, the United States Environmental Protection Agency (EPA) released its proposed Fiscal Year (FY) 2025 Budget and Justification Request to Congress. (The full request can be read on EPA’s website.) In its proposed budget, the EPA stressed the need to address per- and polyfluoroalkyl substances (PFAS) across a wide range of agency actions […]
New U.S. EPA PFAS Air Testing Method Shows Progress Toward Emissions Standards
Introduction In mid-January 2024, the United States Environmental Protection Agency (U.S. EPA or Agency) published a new method to assist in measuring substances such as per- and polyfluoroalkyl substances (PFAS) in air emissions. The new method is known as “Other Test Method 50” or “OTM-50.” While the Agency did not officially publish the draft method, […]
2023’s Second Quarter Filled with Environmental Law Updates
That’s a wrap on Quarter 2 of 2023, and it was an eventful one for environmental law news. Updates included proposed rules to address both the disposal of CCR from legacy CCR surface impoundments and GHG standards and guidelines for fossil fuel-fired power plants, the new Sackett II decision on WOTUS, SSM Rulemaking in Illinois, and new legislation passed by the Illinois 103rd General […]
Illinois Bans Incineration of PFAS
Does your Illinois business have or use PFAS in its products or operations? If yes, then you may need to pay close attention to a recent law that bans disposing of PFAS by incineration. PFAS (perfluoroalkyl and polyfluoroalkyl substances) are a large group of manufactured chemicals that have been used in various industrial and household […]
Changes to Annual Emissions Reports on Published Agenda for Illinois EPA
As part of its published regulatory agenda, the Illinois Environmental Protection Agency (IEPA) has proposed changes to the regulations governing Annual Emissions Reports, often called “AERs.” (That agenda is available here, beginning on page 591 of the report.) The AERs rule requires permitted sources to report air pollution emissions data of regulated air pollutants. 35 […]
Illinois Pollution Control Board Adopts First Time-Limited Water Quality Standard
The Illinois Pollution Control Board issued a ruling on November 4, 2021, which, if approved by the United States Environmental Protection Agency (USEPA), will become the first time-limited water quality standard (TLWQS) in Illinois. The TLWQS represents a variance from the applicable water quality standard for chloride and only applies to two watersheds in the […]
Challenging the Science Behind EPA’s Risk Evaluation for Chrysotile Asbestos
In December 2020, the United States Environmental Protection Agency (EPA) issued its “Risk Evaluation for Asbestos, Part I: Chrysotile Asbestos” (“Report”). The EPA concluded that chrysotile asbestos presents an “unreasonable risk of injury to health or the environment.” (see Report, pg. 229). The Report addresses two common uses of chrysotile: (1) removing and replacing sheet […]