Hepler Broom, LLC

Category Archives: Environmental Law

USEPA Seeks to Add PFAS to List of Toxic Chemicals

December 6, 2019

On December 4, 2019, the United States Environmental Protection Agency (USEPA) published in the Federal Register an Advance Notice of Proposed Rulemaking titled “Addition of Certain Per-and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting.” 84 Fed. Reg. 66369. USEPA is currently considering a rule proposal to add certain polyfluroroalkyl substances (PFAS) to the list […]

Midwest Generation Seeks Reconsideration of Pollution Control Board Ruling Constricting Effective Period of Groundwater Management Zones to Duration of Active Remedial Work

October 15, 2019

On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance […]

Illinois Supreme Court Affirms Pollution Control Board’s Decision Regarding Groundwater Monitoring at Clean Construction or Demolition Debris Fill Operations

July 30, 2019

On June 20, 2019, the Supreme Court of Illinois affirmed an appellate court’s ruling on an Illinois Pollution Control Board (“Board”) decision involving groundwater monitoring at clean construction or demolition debris fill sites, in The County of Will v. The Pollution Control Board, 2019 IL 122798, Case Nos. 122798, 122813. The case concerned the Board’s […]

New USEPA Clean Water Act Guidance on Groundwater Previews Supreme Court Position and Applies in Illinois, Missouri, and 34 Other States

April 22, 2019

The United States Environmental Protection Agency (“Agency”) issued guidance on April 15, 2019, “clarifying” that releases of pollutants from point sources to groundwater are not subject to the Clean Water Act’s permitting requirements. The Agency, however, announced that its interpretation only applies to states outside the Fourth and Ninth Circuits, because those Courts of Appeal […]

Seventh Circuit Draws a Line on Awards of Injunctive Relief Under RCRA

March 12, 2019

The federal Resource Conservation and Recovery Act (“RCRA”) authorizes a citizen suit against “any person” who has violated “any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter,” or “who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of […]

Oh Shiplap! “Fixer Upper” Stars Violate Lead-Based Paint Rules

August 3, 2018

In 2008, the U.S. Environmental Protection Agency (“USEPA”) adopted the Lead-Based Paint Renovation, Repair and Painting (“RRP”) Rule under its TSCA authority. See 40 CFR §745.80 et seq. Congress’ purpose for implementing this rule was to protect occupants in homes and buildings built before 1978 from lead-based paint hazards during renovation. The RRP Rule requires […]

Update on the Respirable Crystalline Silica General Industry and Maritime Standard

June 28, 2018

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published a final rule that increased the protections in place for employees exposed to silica in the workplace and imposed new obligations on employers. The final rule created two separate standards addressing occupational exposure to silica – one for general industry and maritime and […]

Illinois Appellate Court Permits Insured to Prove Terms of Missing Policies with Specimen Coverage Forms for the Missing Policy Periods

March 28, 2018

Environmental contamination lawsuits frequently involve polluting activities which took place decades ago – long before the advent of computers and before it was possible for businesses to store information in an electronic format. When these lawsuits arise and a claim is tendered to an insurance carrier for defense and indemnity, the parties often struggle to […]

What Does My Business Need To Know About Compliance With The Hazardous Waste Generator Improvements Rule?

March 1, 2018

The Hazardous Waste Generator Improvements Rule (GIR), which was finalized by USEPA in 2016, is a significant reorganization of the regulations applicable to hazardous waste generators. 81 Fed. Reg. 85732 (Nov. 28, 2016). With the GIR, USEPA moved all of the RCRA generator provisions into one section – 40 C.F.R. Part 262. The GIR also […]

How Will OSHA’s Crystalline Silica Rule Affect Construction and General Industry Employers?

March 8, 2017

Crystalline silica (“silica”) is a mineral found in materials such as sand, concrete, stone and mortar that are used in industrial products and at construction sites. Silica is also used in the manufacture of glass, pottery, ceramics, bricks, concrete and artificial stone. Medical studies have concluded that inhalation of silica can cause silicosis (a lung […]