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Reactivation/New Source Review: U.S. Environmental Protection Agency Determination That Refinery Must Obtain PSD Permit

The United States Environmental Protection Agency (“EPA”) stated in a November16th letter that an oil refinery on St. Croix in the U.S. Virgin Islands may not resume operations without going through New Source Review (“NSR”)....more

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

NPDES Permits/Clean Water Act: U.S. Environmental Protection Agency/Association of Clean Water Administrators Announce Reduction...

The United States Environmental Protection Agency (“EPA”) and Association of Clean Water Administrators (“ACWA”) announced in separate documents that there has been a major improvement in compliance with Clean Water Act...more

94th Arkansas General Assembly/NPDES Permits: Property/Homeowner Associations Exemptions

Representatives Lanny Fite and Richard McGrew have pre-filed House Bill 1015 which would amend Arkansas Code § 8-4-203(b)(1)(C). This statutory provision provides certain exemptions from the Clean Water Act National...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Parkin Enter...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Parkin, Arkansas, entered into an October 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Underground Injection Control/California Power Generation Plant: U.S. EPA Environmental Appeals Board Petition for Review

Panoche Energy Center, LLC, (“PEC”) filed an October 28th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions of...more

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Lafayette County Subdivision Developer Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JWM Development, LLC (“JWM”) entered into a September 27th Agreed Order (“AO”) addressing alleged violations of a Clean Water Act Storm Water Permit. See Order...more

Title V Objection/Clean Air Act: WildEarth Guardians Petition Addressing New Mexico Oil/Gas Processing Facility

WildEarth Guardians filed a September 26th Petition (“Petition”) requesting that the United States Environmental Protection Agency (“EPA”) Administrator object to the initial Clean Air Act Title V Operating Permit for the...more

Arkansas Division of Environmental Quality/Office of Water Quality Update: Stacie Wassell (Deputy Associate Director) Arkansas...

Ms. Stacie Wassell undertook a presentation on October 6th at the Arkansas Environmental Federation Convention titled: Office of Water Quality Update (“Presentation”) - Ms. Wassell serves as the Deputy Associate Director...more

Class II Injection Well Permitting: Earthjustice Petitions U.S. Environmental Protection Agency to Revoke Ohio's Delegated Program

Earthjustice (“EJ”) filed an October 11th document titled: Petition to Determine by Rule that Ohio’s Class II Injection Well Permitting Program No Longer Represents an Effective Program to Prevent Underground Injection...more

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and the City of Wilmot...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and City of Wilmot, Arkansas, (“Wilmot”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged...more

Natural Gas Compressor Station: Petition Filed Before U.S. EPA Environmental Appeals Board Challenging Title V Permit Renewal...

Harvest Four Corners, LLC, (“Harvest”) submitted a Petition for Review (“Petition”) on October 11th before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). The Petition...more

Wastewater/Air Enforcement: Louisiana Department of Environmental Quality and Denham Springs Ready-Mixed Concrete Facility Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Angelle Concrete Group, LLC (“ACG”) entered into a Settlement Agreement (“Settlement”) addressing alleged wastewater and air permit violations. See Settlement...more

Air Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality and Hempstead County Commercial...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Southern Bakeries, LLC (“Southern”) entered into a September 12th Consent Administrative Order (“CAO”) addressing alleged...more

Missouri Nutrient Trading Program: Missouri Department of Natural Resources Public Notices Draft Revisions

The Missouri Department of Natural Resources (“MDNR”) is public noticing a revised draft of its Missouri Nutrient Trading Program (“Draft”) that was originally announced in April. MDNR states that the document outlines...more

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Springdale Hot Mix Asphalt...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Emery Sapp & Sons, Inc. (“ESSI”) entered into a September 2nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Greenville, Tennessee, Metal Fabricating Facility

The Tennessee Air Pollution Control Board (“Board”) issued an August 30th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Workhorse Cabs, LLC dba Crenlo Engineered Cabs (“”Workhorse”). See Case No....more

Commercial/Industrial/Institutional (CII) Stormwater Sources: U.S. Environmental Protection Agency Exercises Clean Water Act...

The United States Environmental Protection Agency (“EPA”) exercise certain Clean Water Act residual designation authorities to address stormwater discharges in three Massachusetts watersheds. The designations were...more

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Montgomery County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ’) and Moore’s Dozer Service, LLC (“Moore’s”) entered into an August 23rd Consent Administrative Order (“CAO”) addressing an alleged...more

Air Enforcement: Mississippi Commission on Environmental Quality and Hamilton Manufacturing Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Tronox, LLC (“Tronox”) entered into a July 19th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7203 22....more

Coal-Fired Power Plant/Mine/Common Control: Federal Appellate Court Addresses Challenge to Title V Permit Renewal

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 31st Opinion a challenge to the renewal of a Title V Clean Air Act operating permit for a coal-fired electric generating...more

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Miller County Tire...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Cooper Tire & Rubber Company (“Cooper”) entered into an August 23rd Consent Administrative Order (“CAO”) addressing alleged...more

Portsmouth, New Hampshire, POTW/Clean Water Act: U.S. EPA Environmental Appeals Board Petition Challenging NPDES Permit Conditions

The City of Portsmouth, New Hampshire, (“Portsmouth”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board. The Petition...more

West Fork White River Water Quality Improvement: Arkansas Department of Agriculture Natural Resources Division Notes U.S....

The Arkansas Department of Agriculture Natural Resources Division (“NRD”) issued an August 30th news release noting the United States Environmental Protection Agency (“EPA”) recognition of the water quality improvement on the...more

Interim Environmental Justice/Civil Rights in Permitting: U.S. Environmental Protection Agency Issues Document Addressing...

The United States Environmental Protection Agency (“EPA”) issued an August 2022 document titled: Interim Environmental Justice and Civil Rights in Permitting – Frequently Asked Questions (“FAQ”) - The document was...more

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