EPA’s November 2002 Draft Guidance For Evaluating the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils, 67 Fed. Rg. 71,169 (Draft Guidance), represented EPA’s first significant attempt to address concerns about vapor intrusion – the process whereby vapors emanating from contaminants at surface soils or groundwater can make their way into buildings. EPA noted in its Draft Guidance that it “[was] not expect[ed] to be used for settings that are primarily occupational.” Draft Guidance at 3. It is agreed that “OSHA [will] generally take the lead role in assessing occupational exposures.” Id. This stance by EPA had also been expressed in EPA’s Environmental Indicators—Frequent Questions document.
Contact: Andrew C. Brought; Spencer Fane Britt & Browne LLP (Missouri, USA)
On March 25, 2013, the U.S. Court of Appeals for the Eighth Circuit sent a clear message to the EPA and other federal agencies: guidance documents and interpretive memoranda do not qualify as APA-compliant rulemaking. Iowa League of Cities v. EPA, slip op. No. 11-3412 (8th Cir. March 25, 2013).
EPA released an interim progress report today, December 21, 2012, regarding its much-anticipated study of potential impacts to drinking water resources from hydraulic fracturing. EPA’s multi-year study, at the behest of Congress, seeks to identify and understand potential impacts to drinking water associated with water withdrawals, the fate and transport of chemicals associated with fracking, and wastewater treatment and disposal as a result of fracking activities.
Companies involved in the shipment, transportation, distribution, and logistics of consumer products and retail items that contain “hazardous materials” (HazMat) – as regulated by the U.S. Department of Transportation (DOT) – may soon face new requirements from the DOT governing the reverse logistics process. In particular, businesses involved in the distribution and reverse distribution of electronic goods, batteries, medical, pharmaceutical, and consumer chemical products need to be aware of the pending changes.