The Environmental Protection Agency has issued three requests for information regarding recycling issues, a first step towards distributing funds and carrying out mandates contained in the last year’s Infrastructure Investment and Jobs Act, commonly known as the Bipartisan Infrastructure Law. The programs for which EPA is requesting information are primarily directed toward improving recycling of

            On May 24, 2022, the National Academies of Sciences released a report, sponsored by EPA, CDC, and others, on indoor chemistry and air quality issues.  The report stresses the importance of these issues given that “people spend, on average, more than 80 percent of their time” in indoor environments, “often in close proximity to sources and processes that emit chemicals” and biological pollutants.  A main theme of the report is that there remain many outstanding questions in this area, and that “the management of indoor chemistry is at a nascent stage,” but rapidly evolving.

            Several aspects of the report are likely to be of particular interest to companies that market products for indoor use, particularly air cleaning and air sensor products.

Continue Reading National Academies of Sciences Report Highlights Indoor Air Quality Issues and Regulatory Considerations

This is the twenty-third in our series, “The ABCs of the AJP.”

President Biden’s American Jobs Plan (AJP) proposed $111 billion of investments into improvements in drinking water and wastewater management systems across the United States.  The Bipartisan Infrastructure Framework that the President endorsed last week would provide just about half of that amount – $55 billion – which the President nevertheless described as “the largest investment in clean drinking water and waste water infrastructure in American history.”
Continue Reading Win-Win Solutions for Clean Water, from Wisconsin to Washington, D.C.

EPA recently released a compliance advisory addressing UV lights that make claims to mitigate the novel coronavirus (or other viruses or bacteria), which the agency regulates as pesticidal devices under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).  While the advisory largely reiterates past guidance relating to pesticidal devices, which this blog previously discussed, it does underscore that EPA is particularly focused on UV lights, and contains three important cautions for companies making claims that their UV light products kill the coronavirus or other microbes.
Continue Reading EPA Warns UV Light Companies About Coronavirus Claims

For the first time ever, EPA has approved a pesticide making residual antiviral claims under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  The approval may be a significant boon in the fight against COVID-19, but it also raises several key questions about EPA’s broader approach to combatting the novel coronavirus.
Continue Reading EPA Issues Emergency Approval for First-Ever Residual Antiviral Product

As businesses and commercial buildings reopen following shutdowns due to the coronavirus pandemic, the Federal Interagency Committee on Indoor Air Quality used their June 26 meeting to highlight recommendations on heating, ventilation, and air conditioning (HVAC) system operation.
Continue Reading Federal Agencies Highlight COVID-19 Best Practices for HVAC Systems

EPA recently released a compliance advisory addressing pesticidal products that make claims to mitigate the novel coronavirus.  While the advisory largely reiterates past guidance relating to pesticides, EPA has increased its emphasis on pesticidal devices, such as UV lights and ozone generators, which are subject to their own distinct set of regulations.
Continue Reading EPA Provides Limited Guidance Relating to Pesticidal Devices and the Coronavirus

Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work.  Atlantic Richfield Co. v. Christian (No. 17–1498, April 20, 2020).
Continue Reading EPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State Court Damages For Restoration

EPA on May 19 released a proposed rule that would put in place a set of regulations governing EPA’s issuance, modification, and withdrawal of guidance documents.  This proposal implements portions of Executive Order 13891, and builds on EPA’s previous efforts to create a comprehensive portal of guidance documents earlier this year.  Generally speaking, the stated purpose of the rule is to allow for increased transparency and public involvement in EPA’s guidance-formulation process, but the proposal also contains several key limitations.
Continue Reading Six Highlights of EPA’s Proposal to Expand Reform of Guidance Documents

EPA on May 12 announced a new framework for reviewing and approving products for use against the novel coronavirus.  EPA’s framework explains which new product and existing product amendment requests will be expedited, and provides approximate timelines for EPA review and approval.  Because of continued high demand for disinfectant products, companies seeking to launch new products or amend existing registrations should take care to ensure that their requests will receive expedited treatment.  Seeking expedited treatment is particularly important given the concerns some companies have about making significant investments into EPA product registration, in light of the sometimes lengthy EPA-approval process.
Continue Reading Top 5 Takeaways From EPA’s New Policy on Expediting COVID-19 Disinfectant Approvals