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Greenhouse Gas Emissions Measurement/National Highway System: U.S. Department of Transportation Final Rule Requiring State DOTs...

The United States Department of Transportation/Federal Highway Administration (“DOT”) promulgated a final rule that is described as providing the following governmental organizations a national framework to track...more

Aboveground Storage Tanks: An Arkansas Petroleum Storage Tank Trust Fund Reminder

The Arkansas Petroleum Storage Tank Trust Fund (“Trust Fund”) is a state statutory mechanism has been used by both underground and aboveground storage tank owners and operators for over 30 years to address petroleum leaks and...more

EPA Fiscal Year 2024 Top Management Challenges: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued on November 15th a document titled: The EPA’s Fiscal Year 2024 Top Management Challenges (“Report’) See Report No....more

Chlorination/Clean Water Act: Amherst Massachusetts POTW: U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

The Town of Amherst, Massachusetts (“Amherst”), filed a November 16th Request for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

Investment Tax Credit/Section 48: Internal Revenue Service Proposed Regulations Defining Energy Property

The Internal Revenue Service (“IRS”) has issued proposed regulations addressing certain issues arising under Section 48 of the Investment Tax Credit (“ITC”) for companies planning clean energy projects. The stated intent...more

Does Discharged Groundwater Require a Clean Water Act NPDES Permit? U. S. Environmental Protection Agency Issues Draft Maui...

The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and City of Bay, Arkansas (“Bay”) entered into an October 16th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Single-use Plastic Packaging/buffalo River (New York): New York Attorney General Files Judicial Action Against Pepsico, Inc.,...

New York Attorney General Letitia James (“AG”) filed a November 15th Complaint in the Supreme Court of the State of New York (County of Erie)(“Court”) against PepsiCo, Inc., Frito-Lay, Inc., and Frito-Lay North American, Inc....more

Title V/Clean Air Act: US Environmental Protection Agency Grants in Part and Denies in Part Petition Objecting to Delaware County,...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 2nd Order (“Order”) granting in part and denying in part a Petition objecting to the issuance of a Clean Air Act Title V...more

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

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and RK Hall, LLC (“RK”) entered into an October 20th Consent Administrative Order (“CAO”) addressing an alleged violation of an air...more

Reconditioning/Used Drum Management: Alliance for Chemical Distribution Comments Addressing U.S. Environmental Protection Agency...

The Alliance for Chemical Distribution (“ACD”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 17th addressing the following Advance Notice of Proposed Rulemaking (“ANPR”): ...more

Pretreatment Enforcement/Clean Water Act: Alabama Department of Environmental Management and Polyethylene Terephthalate Pellet...

The Alabama Department of Environmental Management and Indorama Ventures Sustainable Solutions LLC (“IVSS”) entered into an October 19th Consent Order (“CO”) addressing alleged violations of a State Indirect Discharge (“SID”)...more

Solar Panels/Lithium Batteries/RCRA: U.S. Environmental Protection Agency Announces Plan to Craft/Modify Universal Waste...

The United States Environmental Protection Agency (“EPA”) announced that it is planning to propose new rules to: . . . improve the management and recycling of end-of-life solar panels and lithium batteries....more

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Midway Fiberglass Boat...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and White River Marine Group, LLC (“White River”) entered into an October 19th Consent Administrative Order (“CAO”) addressing an...more

Air Enforcement: Missouri Department of Natural Resources and Forest City Lead Smelting Plant Enter into Administrative Order on...

The Missouri Department of Natural Resources (“MDNR”) and Forest City Facility, LLC (“Forest”) entered into an October 20th Administrative Order on Consent (“AOC”) addressing alleged violations of the Missouri Air...more

104(b) Grant Program: Arkansas Water Resources Center Announces Request for Pre-Proposals in Water Research (FY2024)

The Arkansas Water Resources Center (“AWRC”) announced it is inviting pre-proposals for research projects that address water needs in Arkansas. The funding opportunity is provided as part of the U.S. Geological Survey...more

Citizen Suit Enforcement/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue Newburgh, Indiana, Aluminum...

The Environmental Integrity Project (“EIP”) on behalf of the Sierra Club sent a November 14th Notice of Intent to Sue (“NOI”) to Warrick Newco Operations (“Warrick”) alleging violations of the Clean Water Act. The NOI...more

Nonpoint Source Program/Grants Guidelines for States and Territories: U.S. Environmental Protection Agency Draft Revisions for...

The United States Environmental Protection Agency (“EPA”) issued a Draft Revision for Public Comment of the following document: Nonpoint Source Program and Grants Guidelines for States and Territories (“Draft Document”)...more

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pine Bluff Pellet Mill...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and Highland Pellets, LLC (“Highland”) entered into a November 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

Liquid Natural Gas Plant/Clean Air Act: Federal Appellate Court Addresses Challenge to Texas Commission on Environmental Quality...

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a November 14th decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) permit issued by the Texas Commission on...more

Air Enforcement: Arkansas Department of Energy & Environment – Division of Environmental Quality and Washington County Hot Mix...

The Arkansas Department of Energy & Environment – Division of Environmental Quality and Jet Asphalt & Rock Company, Inc. (“Jet Asphalt”) entered into an October 12th Consent Administrative Order (“CAO”) addressing alleged...more

Storage Tank Enforcement: Tennessee Department of Environment & Conservation Proposed Order/Assessment Addressing Denmark Truck...

The Tennessee Department of Environment & Conservation (“TDEC”) issued a November 9th Proposed Order and Assessment (“Order”) to OM SAI RAM 1, LLC (“OM”) addressing alleged violations of the Tennessee Underground Storage Tank...more

Greenhouse Gas Standards/Guidelines for Fossil Fuel-Fired Power Plants: U.S. House of Representatives Committee on Energy and...

The U.S. House of Representatives Committee on Energy and Commerce Chair, along with two Subcommittee Chairs, sent a November 13th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan...more

Low-Embodied Carbon Materials/Federal Construction Projects: U.S. General Services Administration Announces $2 Billion Investment

The U.S. General Services Administration (“GSA”) issued a November 6th news release announcing a $2 billion investment for federal construction projects that use low-embodied carbon (“LEC”) materials. The LEC materials...more

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