Stephen E. O'Day Archives

Apr 7, 2022

EPA to Cease Accepting Expedited Corrections to TSCA Inventory

On February 24, the EPA announced that it will stop accepting streamlined requests to correct entries on the TSCA Inventory of Chemicals in Commerce as of April 26, 2022. Historically, the Agency has allowed corrections to chemical identities using the same forms and documentation used to add an existing chemical to the inventory. This practice greatly streamlined and expedited the ability of industries to correct mistakes made in initial filings. Under the EPA’s new policy; however, the Agency will require any changes to go through the same pre-manufacture notice (“PMN”) process required for completely new chemicals. The decision has already… Read more

May 18, 2015

A Win for Solar Energy in Georgia: The Solar Power Free-Market Financing Act Becomes Law

On May 12, 2015, Georgia took a giant leap forward in the development of distributed solar power in the state, outpacing all other states in the region. With the enactment of HB 57, The Solar Power Free-Market Financing Act of 2015, signed into law today, Georgia becomes the first state in the Southeastern U.S. to legislatively approve private sales of electricity from onsite solar systems as a means of financing solar energy for Georgia businesses, institutions, schools, and homes. The forward-thinking legislators in Georgia’s General Assembly, led by the bill’s sponsor, Representative Mike Dudgeon (R-Johns Creek), recognized that the ability… Read more

May 11, 2015

EPA Environmental Appeals Board: No Statute of Limitations on Failure to Report Under TSCA

Although the chemical industry appellant, Elementis Chromium Inc., prevailed in its appeal of a $2.5 million penalty under the Toxic Substances Control Act (TSCA), a ruling by EPA’s Environmental Appeals Board (EAB) indicates that violations of Section 8(e) of TSCA are continuing, and therefore not subject to the general 5-year federal statute of limitations. In re: Elementis Chromium Inc., March 13, 2015. EPA initiated an enforcement action against Elementis for its failure to send EPA a 2002 industry study showing increased risk of lung cancer to workers exposed to hexavalent chromium (Cr6). EPA contended that Section 8(e) of TSCA, which generally… Read more

Sep 27, 2010

Impact of Ag and Forests on Greenhouse Gas Emissions

The U.S. Department of Agriculture reports that agriculture and forestry could play a prominent role in U.S. efforts to address climate change “if farms and ranches undertake activities that reduce [GHG] emissions or take greenhouse gases out of the atmosphere.” In a recently-released report, “The Role of Agriculture in Reducing Greenhouse Gas Emissions,” the authors identify opportunities for addressing climate change, including: shifting to conservation tillage, reducing the amount of nitrogen fertilizer applied to crops, changing livestock and manure management practices, and planting trees or grass. In an effort to encourage such activities, the federal government is also considering offering carbon offsets… Read more