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Taft's environmental attorneys practice in all facets of environmental law, including Superfund defense and negotiation, enforcement defense, cost-recovery for plaintiffs and defendants, criminal environmental defense, environmental insurance and toxic tort litigation, mold and sick building litigation, lawsuits involving environmental problems discovered as a result of real property transfers or mergers and acquisitions, Brownfields redevelopment, defense of claims of occupational exposures, and administrative proceedings before state and federal agencies. Taft's environmental lawyers also are regularly engaged in insurance disputes concerning environmental issues and agricultural issues involving CAFOs and CFOs. The purpose of this newsletter is to provide you with insights from our team that may be of interest to yours.

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On Dec. 29, 2016, EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) announced the availability of new final test guidelines in Series 850 Group A, pertaining to measuring the Ecological Effects of chemicals on Aquatic and Sediment-dwelling Fauna and Aquatic Microcosms. The new test guidelines include revised standards as well as several name changes to the Group A sub-categories. OCSPP's changes to the guidelines will affect the registration of pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the setting of tolerances/tolerance exemptions for pesticide residues under the Federal Food, Drug and Cosmetic Act (FFDCA), and EPA's decision-making process in determining potential regulation of industrial chemicals under the Toxic Substances Control Act (TSCA).

Hazardous Waste Generator Improvements Rule - What changed?
(317) 713-9459
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On Nov. 28, 2016, the Environmental Protection Agency published the Hazardous Waste Generator Improvements Rule ("HWGIR"), offering improvements to the Resource Conservation and Recovery Act's ("RCRA") Hazardous Waste Generator Regulatory program enacted in 1980. The new rule brings over 60 changes, which are intended to clarify existing requirements, increase flexibility and improve the rule's usability by the regulating community. This article summarizes a few of the more significant changes.

U.S. EPA Adds Vapor Intrusion to the Superfund Hazard Ranking System, But Will It Last? 
Bill Wagner
(317) 713-3614
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U.S. EPA Administrator Gina McCarthy signed the rulemaking to add Subsurface Intrusion (i.e., vapor intrusion and contaminated groundwater intrusion) to the Superfund Hazard Ranking System on Dec. 7, 2016. EPA issued a statement that it does not intend to systematically re-evaluate previously scored sites, but there is nothing to preclude the re-scoring of such sites to be eligible for the Superfund National Priorities List.

EPA Removes 72 Pesticide Inert Ingredients from its Approved List   
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EPA recently identified 72 inert ingredients that it is removing from its approved list for use in pesticide products. While removal of these ingredients from the approved inert ingredient list does not, by itself, restrict their use in a pesticide product, it does change the way a pesticide registration containing such inert ingredients will be processed in the future.

$115,000 in Restitution and Guilty Plea to Resolve Asbestos Charges
(513) 357-9406
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2013 Investors LLC and two individuals recently pled guilty in Spokane County Superior Court to multiple violations of the Washington Clean Air Act. Another employee pled guilty in August and was sentenced to 60 days in jail.

$900,000 Penalty and Felony Guilty Plea to Resolve Wastewater Dumping Charges
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On Oct. 26, 2016, A&L Cesspool Service Corporation (A&L) pled guilty to charges in federal court in Brooklyn, New York for violating the Clean Water Act. A&L was alleged to have dumped waste removed from blocked sewer lines into manholes flowing directly into the Gowanus Canal and other waterways in New York City.



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January 2017 Issue
EPA Announces Final Ecological Effects Test Guidelines
Hazardous Waste Generator Improvements Rule - What Changed?
U.S. EPA Adds Vapor Intrusion to the Superfund Hazard Ranking System
EPA Removes 72 Pesticide Inert Ingredients from its Approved List
$115,000 in Restitution and Guilty Plea to Resolve Asbestos Charges
$900,000 Penalty and Felony Guilty Plea to Resolve Wastewater Dumping Charges






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