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Environmental Notes - December 2017

A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups...more

Prompt Reporting is Key to the Upset Defense

Companies discharging industrial process wastewater often face challenging circumstances at their wastewater treatment facilities. Unexpected equipment malfunctions or system failures can lead to discharges that exceed...more

EPA Publishes Guidance for State CCR Permitting Programs

In April, 2015, EPA published in the Federal Register a final rule regulating the management and disposal of coal combustion residuals (CCR), commonly known as coal ash, from coal-fired power plants. Among other things, the...more

EPA Marks First Anniversary of TSCA Reform With Three Implementing Rules

On the first anniversary of the Frank R. Launtenberg Chemical Safety for the 21st Century Act (also known as the TSCA Modernization Act of 2015), EPA promulgated three significant rules to implement the Act. The Act stands...more

EPA Stays Landfill Methane Rules

EPA recently announced a 90-day stay for reconsideration of rules governing performance standards and emissions from Municipal Solid Waste (MSW) Landfills. The final rules issued in July 2016 established new source...more

Environmental Notes - July 2017

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more

Environmental Notes - May 2017

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Trump Administration Responds to Lawsuit Challenging “Two for One” Executive Order

Last month we discussed President Trump’s recent executive order entitled “Reducing Regulation and Controlling Regulatory Costs,” and the legal challenge that followed. The Order called for executive agencies to identify two...more

Environmental Notes - April 2017

Most industrial facilities will, at some point, be inspected by an environmental regulatory agency. Generally, regulatory agencies have authority to enter public or private property that is governed by an environmental...more

EPA Wastewater Settlement Highlights Industry Focused Enforcement Initiative

EPA and the Department of Justice recently settled a Clean Water Act enforcement action with EMD Millipore Corp. of Jaffrey, NH, by lodging a Consent Decree in the U.S. District Court for the District of New Hampshire. The...more

President Trump’s Two for One Deal

In his first week in office, President Trump issued executive orders freezing all pending federal regulations and halting executive agency hiring. To begin week two, the President issued an executive order requiring federal...more

Tips for Tackling Tier II Trouble

Companies with hazardous chemical reporting obligations know the significance of March 1. On that date each year, facilities that at any time during the prior year had 10,000 pounds or more of an OSHA hazardous chemical, or...more

Environmental Notes - February 2017

President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more

Environmental Notes - December 2016

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

Common Stock Used to Reimburse EPA for CERCLA Response Costs

A recent CERCLA settlement provides an unusual method for reimbursing response costs incurred by EPA at a Superfund site. Under a proposed Consent Decree concerning the Yavapai Penta Superfund Site in Prescott, Arizona,...more

Environmental Notes - November 2016

EPA has revised its procedures for making certain changes to its “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” also known as SW-846. The test method and its compendium of guidance documents provide...more

South Carolina DHEC Reissues the Industrial Storm Water General Permit

The South Carolina Department of Health and Environmental Control (DHEC) recently reissued its NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (IGP). The IGP regulates discharge of storm...more

CEMEX Settlement Bolsters EPA Air Enforcement Initiative

Earlier this year, EPA announced revised National Enforcement Initiatives (“NEIs”) beginning October 1, 2016 for fiscal years 2017-2019. Among other areas of concentration, EPA’s NEIs include the expansion of a previous air...more

Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more

Congress Finds the Formula to Reform Chemical Regulation

The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United States. Since its inception in 1976, TSCA has not been updated...more

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,...more

Environmental Notes - May 2016

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

EPA Enforcement Initiatives Renew and Expand Industrial Target Priorities

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

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