News & Analysis as of

Department of Environmental Quality

Draft 2018 Assessment Methodology: Arkansas Department of Environmental Quality Solicits Comments

The Arkansas Department of Environmental Quality (“ADEQ”) announced the availability of the Draft 2018 Assessment Methodology (“Methodology”). ADEQ is providing a 30 day public comment....more

Air Enforcement: Arkansas Department of Environmental Quality and Arkadelphia, Arkansas Asphalt Roofing Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Siplast, Inc. (“SI”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-077. SI...more

Stormwater/Construction Enforcement: Arkansas Department of Environmental Quality and Faulkner County Developer Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tri.Con.Builders, Inc. (“TCBI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of a National Pollution Discharge...more

Arkansas Department of Environmental Quality 2017 Annual Monitoring Network Plan (Air): October 3rd U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) sent an October 3rd letter to Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer approving the agency’s...more

Air Enforcement: Arkansas Department of Environmental Quality and Hope County, Arkansas Aluminum Foil Rolling Mill Enter into...

]The Arkansas Department of Environmental Quality (“ADEQ”) and JW Aluminum Company (“JAC”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-063....more

Air Enforcement: Arkansas Department of Environmental Quality and Mississippi County, Arkansas Terminal Grain Elevator Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Poinsett Rice & Grain, Inc. (“PRGI”) entered into a September 8th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

The Ninth Circuit Reiterates That “Knowingly” Handling Hazardous Waste Without a Permit Is a General Intent Crime Under RCRA §...

by Clark Hill PLC on

Max Spatig was convicted of knowingly storing and disposing of hazardous waste without a permit and sentenced by the U.S. District Court for the District of Idaho to 46 months in prison under 42 U.S.C. § 6928(d)(2)(A). See...more

Meteorological Data: Arkansas Department of Environmental Quality Office of Air Quality Announces Availability of Updated Data

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality announced the availability of updated meteorological data. - The agency states that beginning January 1, 2018, a new 5-year set of data for...more

Association of Air Pollution Control Agencies: Arkansas Department of Environmental Quality Office of Air Quality Associate...

Arkansas Department of Environmental Quality Office of Air Quality Associate Director Stuart Spencer was elected President of the Association of Air Pollution Control Agencies (“AAPCA”) at the organization’s 2017 Fall...more

Air Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Rubber Products Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Alliance Rubber Company (“ARC”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No....more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County School Districts Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Jessieville School District and Fountain Lake School District (collectively, “District”) entered into an August 30th Consent Administrative Order (“CAO”)...more

Coal Ash/Preemption: Federal Appellate Court Addresses Challenge to Municipal Regulation

The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more

Arkansas Department of Environmental Quality Public Notices Emergency Rulemaking: Regulation 36/Used Tire Recycling and...

The Arkansas Department of Environmental Quality (“ADEQ”) on August 31st public noticed an emergency rulemaking undertaken by the Arkansas Pollution Control and Ecology Commission (“Commission”)....more

Montana is the Latest State to Propose TENORM Regulations

by Freeborn & Peters LLP on

On August 18, 2017, the Montana Department of Environmental Quality (MDEQ) formally proposed regulations providing additional requirements for the management of technologically enhanced naturally occurring radioactive...more

N.C. Governor Signs H.B. 589

by Foley & Lardner LLP on

North Carolina Governor Roy Cooper has signed H.B. 589 into law. H.B. 589, otherwise known as the Competitive Energy Solutions Plan, adds the following features to the already robust North Carolina solar industry: competitive...more

Michigan Legislature Proposes Bill To Further Regulate TENORM Disposal

by Freeborn & Peters LLP on

The Michigan legislature recently introduced Senate Bill 503 to tighten up Michigan’s existing disposal guidelines pertaining to TENORM or Technologically Enhanced, Naturally Occurring Radioactive Material. Michigan has...more

Texas Third Court of Appeals Overturns TCEQ Action and Confirms that Statutory Provisions Mean What They Say

by Locke Lord LLP on

On July 11, 2017, the Third Court of Appeals at Austin (Texas) issued a decision in Freestone Power Generation, LLC et al. v. Texas Commission on Environmental Quality, Cause Nos. 03-16-00693-CV et al. (“Freestone Power”),...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Six Ways Michigan's Review of Vapor Intrusion Sites Could Impact You

by Pepper Hamilton LLP on

The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

by Beveridge & Diamond PC on

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

Hazardous Waste Transporters Beware!

by Davis Wright Tremaine LLP on

The Oregon Supreme Court upheld a penalty assessed against a hazardous waste Transporter for failure to manifest hazardous waste regardless of whether it reasonably relied on a determination by the generator that the waste...more

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