Electric vehicle (EV) production is expected to increase substantially in the near future. So, too, will the need to solve the problem of used EV batteries after they no longer meet EV performance standards. One solution may be to reuse those batteries as a source of energy for the electric grid.
Continue Reading A Green Afterlife for EV Li-ion Batteries

California Prop 65 is designed to reduce exposures to chemicals that are known to cause cancer and reproductive harm, but it has become a flash point in California environmental law. Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome outline the regulations and the impacts on businesses with products in California.
Continue Reading VIDEO Inside Look: California Prop 65

The South Coast Air Quality Management District’s (SCAQMD or the District) Regional Clean Air Incentives Market (RECLAIM) made history as California’s first emissions cap-and-trade program. But the District’s decision to sunset the program has resulted in significant uncertainty surrounding RECLAIM’s transition for local communities and industry alike.

Widely acclaimed at its 1993 inception, the program was intended to promote more efficient emissions reductions by allowing facilities to meet their annual cap either by adopting pollution controls directly or by purchasing RECLAIM trading credits (RTCs) from other facilities able to install controls at lower cost and achieve emissions below their caps. In its early years supporters praised RECLAIM as a success, pointing to significant reductions across the South Coast Air Basin. But in more recent years, the US Environmental Protection Agency (EPA) and other stakeholders criticized RECLAIM as falling short of expectations, pointing to periods of RTC price spikes reducing the program’s coverage and a subsequent glut of RTCs from plant closures that critics claim lowered the incentive for pollution reductions at remaining RECLAIM facilities.
Continue Reading SCAQMD’s Historic RECLAIM Program Sunset Faces Questions on the Horizon

Policy makers in California have pledged to resist Trump administration policy changes on environmental and other issues. Senate Bill 1 (SB 1), proposing the California Environmental, Public Health and Workers Defense Act of 2019, is the California legislature’s current preemptive response to the administration’s attempts to modify certain federal environmental and worker safety laws.

SB 1 has passed the California Senate. It is awaiting a final hearing in the State Assembly’s Appropriations Committee, likely sometime in mid‑to‑late August. After that, it moves to the Assembly floor, where a final vote is required by the end of California’s legislative session on September 13, 2019.
Continue Reading SB 1: California’s Attempt to Halt Federal Environmental and Worker Safety Deregulation

AB 617 requires the California Air Resources Board to develop new regulations for criteria pollutant and toxics emissions reporting. The new regulation, titled “Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants” is not yet finalized. The current draft will require many new stationary sources, throughout California, to report emissions.
Continue Reading California’s New Criteria Pollutant and Toxics Emissions Reporting Regulation

Legalization of medicinal and adult-use cannabis in California has fomented a surge of seed-to-sale companies angling to lure market share from a sea of customers. The water may soon be agitated, however, by the Office of Environmental Health Hazard Assessment (OEHHA). OEHHA is the lead California agency that oversees implementation of Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986. OEHHA recently announced that it has selected cannabis (marijuana), marijuana (cannabis) smoke, cannabis extracts, and delta-9-Tetrahydrocannabinol (THC) for review for possible listing under Proposition 65 as chemicals that cause reproductive toxicity. If the Developmental and Reproductive Toxicant Identification Committee (DARTIC) determines that these chemicals cause reproductive toxicity based upon “scientifically valid testing according to generally accepted principles,” marijuana in its various forms will likely join a list of more than 900 chemicals known to the state to cause cancer, birth defects, or other reproductive harm. Companies that cultivate, distribute, and/or sell marijuana and products containing marijuana in California would then be required to warn consumers—and possibly employees and passersby—that exposure to these listed chemicals can cause reproductive harm.
Continue Reading Proposition 65 Update: California’s OEHHA Starts Process to List Marijuana as a Reproductive Toxicant

Continuing its vanguard approach to environmental regulation, California is poised to incorporate Total Maximum Daily Load (TMDL)-specific requirements into its industrial storm water general permit (IGP). TMDLs are pollutant- and water body-specific and establish the maximum amount of a pollutant a water body can receive while meeting water quality standards. Once effective, these new requirements will provide additional avenues of attack for the already active Clean Water Act citizen suit docket.
Continue Reading TMDL Limits Are Coming To California’s Industrial Storm Water General Permit

The implementation of California’s ambitious Assembly Bill 617 (AB 617) is well under way, but it is still very uncertain whether it can or will achieve its intended outcome. Despite the long process to select the initial list of communities to be included in the in the first year of CARB’s Community Air Protection Program (CAPP) (CARB’s AB 617 implementation program), the hard work to ensure AB 617 is a success remains—namely the development and implementation of the emissions monitoring/reduction plans in the selected disadvantaged communities. In the end, the biggest impediment to AB 617’s successful implementation might be the law’s own requirements, specifically its accelerated implementation schedule, which may not provide California’s air quality management districts (air districts) with enough time to achieve the law’s goals.
Continue Reading California’s AB 617: Inadequate Time?

This summer, California’s State Water Resources Control Board (State Water Board) adopted amendments to the Underground Storage Tank (UST) Regulations (California Code of Regulations, title 23, division 3, chapter 16). The new regulations, which become effective on October 1, 2018, impose new design and construction, upgrading, monitoring, notification, testing, inspection, recordkeeping, training and reporting requirements on UST owners and operators in California. The State Water Board’s purpose in amending these regulations was essentially two-fold: (1) to effectively make the California UST regulations just as stringent, and consistent with, the federal UST regulations (part 280 of 40 Code of Federal Regulations); and (2) to reduce the risk of groundwater contamination resulting from UST releases.
Continue Reading California State Water Board Amends Underground Storage Tank Regulations to “Reconcile” Requirements with Federal Law

Effective July 13, 2018, the California State Water Resources Control Board’s Division of Drinking Water (DDW) established drinking water notification levels of 14 ppt for PFOA and 13 ppt for PFOS, and a combined PFOA/PFOS drinking water response level of 70 ppt. Notification and response levels are non-binding, health-based advisory levels for contaminants in drinking water where maximum contaminant levels (MCLs) have not been promulgated. Establishment of notification and response levels often is the DDW’s first step toward adopting binding MCLs.
Continue Reading California Ramps Up Regulation of PFAS Compounds