Christopher Bryant

Christopher Bryant

Bergeson & Campbell, P.C.

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EPA Deletes RCRA Comparable Fuels And Gasification Exclusions

In a final rule that was immediately effective, EPA on April 8, 2015, removed the comparable fuels exclusion and the gasification exclusion issued under the Resource Conservation and Recovery Act (RCRA). 80 Fed. Reg. 18777....more

4/9/2015 - Coal-Gasification EPA Final Rules Hazardous Waste Oil & Gas RCRA

Terrorism, Fraud, and the RCRA Corrosivity Characteristic

With a back story sparked by the tragedy of 9/11 and that at times reads like a novel teeming with alleged government cover-up, fraud and employee persecution, EPA has agreed to a March 31, 2016, deadline for deciding whether...more

4/2/2015 - Appeals EPA Hazardous Substances Popular RCRA September 11th Attacks Whistleblowers

OSHA Exercising Enforcement Discretion for HCS Compliance

The Occupational Safety and Health Administration (OSHA) on February 9, 2015, issued enforcement guidance on the June 1, 2015, effective date for the Hazard Communication Standard (HCS). ...more

2/24/2015

EPA Environmental Appeals Board Upholds $600,000 RCRA Penalty

The U.S. Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB) has upheld the results of an EPA Resource Conservation and Recovery Act (RCRA) enforcement action involving hazardous waste storage that was...more

2/24/2015 - Enforcement Actions EPA Hazardous Waste Manufacturing Facilities RCRA

EPA Seeks Nominations For Hazardous Waste Electronic Manifest System Advisory Board

On February 18, 2015, the U.S. Environmental Protection Agency (EPA) released a Federal Register notice seeking nominations of candidates to be considered for a three-year appointment to the Hazardous Waste Electronic...more

2/20/2015 - Administrative Appointments Advisory Board EPA

EU’s Chief TTIP Negotiator Releases Draft Chapter on Regulatory Cooperation

On February 10, 2015, the European Union’s (EU) chief negotiator on the Transatlantic Trade and Investment Partnership (TTIP) agreement released the EU’s initial proposal for the “legal text” of the all-important regulatory...more

2/17/2015 - Contract Drafting EU TTIP

Inspector General Launches Investigation into EPA's RCRA Inspections

EPA’s Office of Inspector General (OIG) has launched an investigation to determine whether EPA is inspecting hazardous waste treatment, storage and disposal facilities (TSDFs) in compliance with the law....more

1/27/2015 - EPA Government Investigations Hazardous Waste Inspections OIG RCRA

Federal Court Ruling Expands RCRA Authority By Declaring Manure A RCRA Solid Waste

On January 14, 2015, the U.S. District Court for the Eastern District of Washington granted summary judgment in a case against a dairy farm and declared manure from the farm’s livestock is a solid waste under the Resource...more

1/22/2015 - Dairy Farmers EPA RCRA Solid Waste Summary Judgment

EPA Issues RCRA Rule Regulating Coal Ash as Non-Hazardous Waste

The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more

12/26/2014 - Air Pollution Coal Coal Ash Coal Industry Coal-Fired Plants EPA Groundwater Hazardous Waste RCRA

EPA Proposes to Retain Current Lead NAAQS

Environmental Protection Agency (EPA) Administrator Gina McCarthy on December 19, 2014, signed a proposed rule that would retain, without revision, the national ambient air quality standards (NAAQS) for lead of 0.15...more

12/26/2014 - Air Pollution Clean Air Act EPA NAAQS

EPA Issues Final Rule Revising RCRA Definition of Solid Waste

On December 10, 2014, EPA Administrator Gina McCarthy signed a final rule revising the Definition of Solid Waste (DSW) under the Resource Conservation and Recovery Act (RCRA). The 500 plus page-long rule should be published...more

12/24/2014 - EPA Final Rules Hazardous Waste RCRA Solid Waste

EPA Proposes Stricter Ozone NAAQS

On November 25, 2014, EPA proposed to strengthen the National Ambient Air Quality Standard (NAAQS) for ground-level ozone. The rule is available online and should be published soon in the Federal Register....more

12/4/2014 - Clean Air Act EPA NAAQS Regulatory Standards

EPA Issues Report On Future Of RCRA Program

At the winter meeting of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), EPA on October 29, 2014, issued a report on the Resource Conservation and Recovery Act (RCRA) program that appears...more

11/20/2014 - EPA Information Reports RCRA

OSHA To Provide Enforcement Discretion On June 2015, Deadline For SDS

On October 31, 2014, the Occupational Safety and Health Administration (OSHA) responded to an August 2014 petition from the American Coatings Association (ACA) and other trade associations to extend the June 1, 2015,...more

11/13/2014 - Labeling OSHA Trade Associations Warning Labels

U.S. and China Reach Historic Accord on Climate Change

In a surprise announcement that capped months of secret negotiations, on November 11, 2014, President Obama and Chinese President Xi Jinping announced an historic pact that commits each country to ambitious goals to cap...more

11/13/2014 - Carbon Emissions China Climate Change Energy Energy Policy Environmental Policies Greenhouse Gas Emissions Renewable Energy

EPA Deletes Reference To ASTM Phase I Assessment Standard In CERCLA “All Appropriate Inquiries” Rule

EPA on October 6, 2014, issued a final rule amending its “All Appropriate Inquiries” (AAI) rule under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by removing a reference to a 2005 ASTM...more

10/7/2014 - ASTM CERCLA Environmental Assessments EPA Final Rules

EPA Releases Clean Water Act Final 2012 And Preliminary 2014 Effluent Guidelines Program Plans

On September 16, 2014, the U.S. Environmental Protection Agency (EPA) released its Final 2012 Effluent Guidelines Program Plan (Final 2012 Plan) and the Preliminary 2014 Effluent Guidelines Program Plan (Preliminary 2014...more

9/18/2014 - Clean Water Act Effluent Limitations Environmental Policies EPA Waste Treatment Facilities

House Subcommittees Hold Joint Hearing On Characteristics Of Bakken Crude Oil

On September 9, 2014, the House Science, Space, and Technology Subcommittees on Energy and Oversight held a joint hearing entitled Bakken Petroleum: The Substance of Energy Independence. The hearing examined the...more

9/16/2014 - Bakken Shale Department of Transportation Hazardous Substances Natural Resources Oil & Gas PHMSA

EPA Releases Document Seeking To Clarify “Waters Of The U.S.” Rule

EPA on September 8, 2014, released a question and answer (Q&A) document seeking to clarify the scope and purpose of its proposed “Waters of the U.S.” rule. Issued jointly by EPA and the U.S. Army Corps of Engineers (Corps) on...more

9/9/2014 - Clean Water Act EPA Federal Jurisdiction US Army Corps of Engineers Waters of the United States

Ninth Circuit Court Of Appeals Rules That Emission Of Locomotive Diesel Particulate Matter Is Not Disposal Under RCRA

In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more

8/26/2014 - Appeals CARB Carbon Emissions Citizen Suits EPA RCRA Trains

DOT Issues Proposed Rule to Harmonize HMR with International Standards

On August 25, 2014, the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rule seeking to harmonize the hazardous materials regulations (HMR) with...more

8/26/2014 - DOT Environmental Policies Hazardous Substances International Harmonization PHMSA

EPA Lays Out Its Vision for the Future of the RCRA Regulatory Program

Enacted in the bicentennial year of 1976, the Resource Conservation and Recovery Act (RCRA) is approaching its 40th anniversary. To celebrate this milestone, and to lay a path forward for the future of the RCRA program, EPA...more

8/19/2014 - Environmental Policies EPA Natural Resources RCRA

OSHA Issues Supplemental Notice Of Proposed Rulemaking To Improve Reporting And Tracking Of Work-Related Injuries And Illnesses

On August 14, 2014, the Occupational Safety and Health Administration (OSHA) published a Supplemental Notice of Proposed Rulemaking (supplemental notice) that is intended to improve the reporting and tracking of work-related...more

8/14/2014 - Compliance OSHA Reporting Requirements Workplace Injury

DOT Proposes Hazardous Materials “Reverse Logistics” Program

The Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) on August 11, 2014, proposed a rule that would add a section to the Hazardous Materials Regulations (HMRs) creating...more

8/14/2014 - Department of Transportation Hazardous Substances PHMSA Pipelines

White House Launches Major Push To Shore Up Support for Proposed Clean Power Plan

This week the White House is launching a major effort to shore up support for the Environmental Protection Agency’s (EPA) Clean Power Plan. The historic and ambitious rule, proposed by EPA on June 18, 2014, (79 Fed. Reg....more

8/1/2014 - Carbon Emissions Clean Power Plan Energy Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Power Plants

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