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July 2016

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On July 25, 2016, the U.S. Environmental Protection Agency (EPA) issued a final rule (in prepublication form) finding that greenhouse gases from aircraft contribute to air pollution that endangers public health and welfare. EPA’s final action does not regulate greenhouse gas emissions from aircraft itself, but an endangerment finding is the prerequisite for regulating in the future and triggers EPA’s duty to regulate such emissions.  According to EPA, U.S. aircraft account for 12 percent of…

Last week EPA issued its first regulatory determinations for new chemical substances under the reformed Toxic Substances Control Act (TSCA). The amended section 5 of TSCA requires EPA to make an affirmative safety finding with respect to new chemical substances.  EPA determined that four chemical substances are not likely to present an unreasonable risk.  The four chemicals are fatty alcohols-dimers, trimers, polymers; depolymerized waste plastics; propyl silsesquioxanes, hydrogen-terminated; and organic modified propyl silsesquioxane. EPA’s initial…

On May 21, 2016, the Minister of Environment published a Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Halocarbons Used as a Refrigerant (“Notice”) under Part 4 of the Canadian Environmental Protection Act (“CEPA”). The Notice will increase obligations for businesses which make, reclaim or import halocarbons for use as a refrigerant. Such businesses have a short window to prepare pollution prevention plans concerning halocarbon management. The Notice obligations specifically apply…

The Minister of Environment and Climate Change has finally proceeded with new regulation of hydrofluorocarbons (HFCs) with the issuance of reporting obligations under the Notice With Respect to Hydrofluorocarbons in Bulk  (“Notice”) pursuant to the Canadian Environmental Protection Act. The Notice sets out that the manufacture, import and export of HFCs or mixtures containing HFCs in bulk trigger reporting requirements for any reportable substances (“Listed Substances”) set out in the Notice. The Notice applies to…