by Patrick Paul

On April 10, 2024, President Biden’s Environmental Protection Agency (EPA) has recently finalized a significant rule addressing per- and polyfluoroalkyl substances (PFAS) in drinking water, marking the first time that legally enforceable drinking water standard to protect communities from exposure to PFAS have been issued. Concurrent with the final rule, EPA published

The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction.

By Karl Karg, Phil Sandick, and Nate Gelfand-Toutant

On April 9, 2024, the US Environmental Protection Agency (EPA) issued a final rule amending the Clean Air Act New Source Performance Standards (NSPS) that apply to emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI). The rule also finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to the SOCMI (also called the Hazardous Organic NESHAP or HON) and to Group I and II Polymers and Resins Industries (P&R I and P&R II). Some of these amendments include updates to the maximum available treatment technology (MACT) standards, including those addressing heat exchange systems, storage vessels, and process vents, depending on the source category.

The rule will be effective 60 days after publication in the Federal Register but will likely be challenged.

Yesterday, the European Parliament approved a new (recast) Urban Wastewater Treatment Directive (“UWWTD”) that will impose new additional costs on producers marketing pharmaceutical and cosmetic products in the European Economic Area by the end of 2027.  Some studies suggest that the costs that producers would have to collectively pay could be around €1 billion per Member State.  This is well above the figures published in the Commission’s impact assessment, which estimated the annual cost of implementing the various requirements of the UWWTD in all Member States at €3.8 billion, including €1.2 billion for micro-pollutants treatment.

The upcoming UWWTD lays down rules on the collection, treatment, and discharge of urban wastewater, and puts particular emphasis on the implementation of the polluter pays principle.  The Directive aims to address the environmental and health concerns resulting from the presence of micro-pollutants, other pollutants (e.g., heavy metals, PFAS), microplastics and antimicrobial resistant (“AMR”) bacteria in European waters.  It introduces new measures for the treatment of wastewater, including quaternary treatment for micro-pollutants, and makes producers of pharmaceutical and cosmetic producers pay for such treatment.

Joele Frank and the Paul, Weiss ESG and Law Institute hosted a senior level roundtable discussion on “The Rise of Human Capital Issues in 2024: Legal, Governance and Investor Perspectives” in person at Paul, Weiss’s New York office.

The program featured insights from senior communications, legal, compliance and ESG professionals who shared their expertise on