#REGULATION

Congressional Letter Sent to Automakers Regarding Hexavalent Chromium

Congresswoman Debbie Dingell (D-MI) recently sent a major letter to automotive industry CEOs regarding the use of hexavalent chromium from plating in the automotive supply chain. NASF Government Affairs through The Policy Group spoke on this and related topics last week at the Automotive Industry Action Group’s fall conference on the International Material Data System (IMDS).

EPA Submits Proposed PFAS Drinking Water Standard to White House for Review

The new drinking water standard for PFOS and PFOA was submitted to the White Office of Management and Budget (OMB) for interagency review.  The proposed rule is expected to be issued by the end of 2022.

EPA Creates New Environmental Justice and Civil Rights Office

EPA formally announced the creation of its new Office of Environmental Justice and External Civil Rights.  The office is expected to have 200 EPA employees and could have a significant impact of facility permits.  

U.S. Supreme Court Hears Oral Argument on WOTUS

Stakeholders looking to Supreme Court for much-needed clarity on the definition of waters of the U.S. (WOTUS) under the Clean Water Act.

NASF Releases October 2022 Policy Update

The National Association for Surface Finishing has released a Policy Update, summarizing some of the pertinent regulatory developments and new announcements from the month of October.

EPA Will Send Nationwide PFAS Survey to Finishing Operations by October

EPA is preparing a formal survey to send to finishing operations nationwide as early as October to inform the agency’s analysis of the industry’s PFAS use and discharges. The survey is a significant undertaking and will be executed under the federal Clean Water Act’s authority, similar to the last major discharge survey of the industry over 20 years ago. 

NASF Releases September 2022 Policy Update

The National Association for Surface Finishing has released a Policy Update, summarizing some of the pertinent regulatory developments and new announcements from the month of September.

EPA Plans to Release Major New Health Assessment for Hexavalent Chromium By End of Year

EPA is scheduled to issue a draft scientific health evaluation for hexavalent chromium by the end of 2022 for public comment and review. The assessment has been underway for more than a decade, and an updated assessment could lead to significantly tighter rules and restrictions nationwide.

EPA Issues Proposed Rule to Designate PFOS and PFOA as CERCLA Hazardous Substance

EPA has for the first time proposed to designate PFOS and PFOA as hazardous substances under the authority of CERCLA or Superfund. The rule will trigger some reporting requirements and potentially significant cleanup costs. 

PFAS Regulatory Alert: What Facilities Will Be Covered by EPA's PFAS Rulemaking for Surface Finishing Industry?

It is still too early to tell whether the proposed rule scheduled for release later next year will apply only to those facilities with certain chromium-based processes or more broadly to all metal finishing and electroplating operations. 

Supreme Court Limits EPA Authority to Regulate GHG Emissions

The Supreme Court limits the scope of EPA’s authority to regulate greenhouse gas emissions without action from Congress, but the agency is still able to set carbon emission limits for key sectors of the economy.

Industry Files Legal Challenge of New Stringent Drinking Water Health Advisories for PFAS Chemicals

A major legal challenge is underway targeting EPA’s new stringent drinking water lifetime health advisory levels for PFOA and PFOS. Arguments include a flawed review process and the fact that the new levels are below detection limits for these chemicals in drinking water.  

NASF Meets with White House on EPA Move to Propose Rule to List PFOS and PFOA under the Federal Superfund Clean Up Law

EPA’s proposed rule to list PFOS and PFOA as hazardous substances has cleared White House review. Industry has called for risk evaluation and impact analysis as a condition to support the decision.

EPA Readying Fall Nationwide PFAS Survey of Metal Finishing Industry to Inform New Water Discharge Rule

NASF continues discussions with US EPA on the agency’s plans for a nationwide survey of the metal finishing industry on its use of PFAS. NASF plans to review the draft survey and provide feedback to the agency prior to its distribution. Surveys will likely go to a wide range of job shop and captive operations and are scheduled to be sent out in the fall.

NASF Releases August 2022 Policy Update

The National Association for Surface Finishing has released a Policy Update, summarizing some of the pertinent regulatory developments and new announcements from the month of August.

Metal Finishing Facility Released Hexavalent Chromium into Huron River

Wastewater discharge of hexavalent chromium into Huron River results in “no contact” health advisory, sparking calls for more stringent pollution controls and automotive industry action to reduce hexavalent chromium uses.

NASF Releases July 2022 Policy Update

The National Association for Surface Finishing has released a Policy Update, summarizing some of the pertinent regulatory developments and new announcements from the month of July.

New Jersey DEP Proposes Comprehensive Environment Justice Regulation

New Jersey proposed environmental justice regulations take unprecedented action to require consideration of impacts on overburdened communities in the permitting process. This regulatory process could serve as a model for other states.

IRS Issues Guidance for Reinstated Superfund Tax for Key Chemicals and Metals

New IRS Guidance for July 1, 2022 Effective Date – Despite industry requests to extend the deadline for implementing the reinstated Superfund tax, the Internal Revenue Service has issued a new guidance to implement the measure.

EPA Announces Stringent Drinking Water Health Advisories for Certain PFAS Chemicals

EPA issued new stringent drinking water health advisory levels for PFOA and PFOS that may be below detection limits as it prepares to develop a new drinking water standards for these chemicals.  

EPA Criticized for Ignoring Environmental Justice Concerns in PFAS Strategic Roadmap

EPA’s National Environmental Justice Advisory Council (NEJAC) claims the agency has failed to address adequately environmental justice concerns associated with PFAS in an effort to avoid another crisis similar to the lead in Flint, MI drinking water.

NASF Discusses PFAS and Hexavalent Chromium Reduction in the Automotive Supply Chain

NASF joins EPA, State of Michigan, and automotive OEMs to discuss voluntary approach to reduce the use of PFAS and hexavalent chromium for plating in the automotive supply chain.

CARB Releases Draft Regulatory Language for Chromium Plating Rule

In draft regulatory language, CARB bans hexavalent chromium plating processes, prohibits any new hexavalent chromium permits, and imposes strict new control measures until the bans take effect.

NASF Releases May 2022 Policy Update

The National Association for Surface Finishing has released its monthly Policy Update, summarizing some of the pertinent regulatory developments and new announcements from the month of May.

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