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88 FR 81410

EPA published statements of findings after its review of certain TSCA submissions from September 1, 2023, to September 30, 2023, that certain new chemical substances or significant new uses are not likely to present an unreasonable risk of injury to health or the environment.

88 FR 78747

EPA announced the availability of and seeks comment on a draft policy that updates the Agency’s 2003 Public Involvement Policy.

88 FR 78358

EPA announced a 60-day public comment period on the draft revision of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.

88 FR 78357

EPA announced the availability of and seeks comment on a white paper describing the benefits of the creation, submission, review, approval, and distribution of structured content and digital pesticide labels.

88 FR 78063

United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

88 FR 78017

EPA announced the availability of and seeks comment on a document that announces several proposed changes to the Agency's Safer Choice Standard, including a name change to the Safer Choice and Design for the Environment Standard.

88 FR 77004

EPA revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives. 

Fighting Methane Emissions With the False Claims Act

This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains why, unlike with other environmental violations, dodging either of these fees can trigger FCA liability. It then examines how two possible groups of plaintiffs—industry employees and outside observers—might discover unreported methane emissions and use the FCA against companies that dodge each of the IRA’s methane fees.

88 FR 74712

EPA proposed to prohibit all manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) and industrial and commercial use of TCE for all uses, with longer compliance time frames and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time limited exemptions); prohibit the disposal of TCE to industrial pretreatment, industrial treatment, or POTWs, with a time limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.