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U.S. Environmental Protection Agency e-Manifest User Fees: Environmental Technology Council Files United States Court of Appeals...

The Environmental Technology Council (“ETC”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the fee schedule issued by the United States Environmental...more

Alternative Daily Cover/Landfill: Alabama Appellate Court Addresses Challenge to State Rules

The Court of Civil Appeals of Alabama (“Court”) addressed in an October 11th opinion a challenge to certain Alabama Department Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Smith v. Lefleur,...more

Air Enforcement: Tennessee Secretary's Proposed Order/Assessment of Civil Penalty to Sherwood, Tennessee Facility

The Tennessee Secretary of the Air Pollution Control Board (“Board”) issued an October 24th proposed Order and Assessment of Civil Penalty (“Order”) to Lhoist North America of Tennessee, Inc. (“LNATI”) for alleged violations...more

Water Enforcement: Missouri Department of Natural Resources Abatement Order on Consent to Jefferson County, Missouri Composting...

The Missouri Department of Natural Resources (“MDNR”) issued an Abatement Order on Consent (“Order”) to Bonacker Farms, Inc., (“BFI”)and Environmental Recycling Facility LLC (“ERF”). See Order No. 2019-WPCB-1545. The Order...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Addresses Lithium Metal Batteries...

The United States Pipeline and Hazardous Materials Safety Administration (”PHMSA”) addressed in an October 24th letter a question addressing the application of the Hazardous Materials Regulations (“HMR”) to lithium metal...more

Effluent Guidelines/Clean Water Act: U.S. Environmental Protection Agency Notices Availability/Program Plan 14

The United States Environmental Protection Agency (“EPA”) published an October 24th Federal Register Notice referencing the availability of Preliminary Effluent Guidelines Program Plan 14 (“Plan 14”). See 84 Fed. Reg....more

Section 401/Clean Water Act: Association of Clean Water Administrators Comments on U.S. Environmental Protection Agency Proposed...

The Association of Clean Water Administrators (“ACWA”) submitted October 21st comments on the United States Environmental Protection Agency (“EPA”) proposed rule titled: Updating Regulations on Water Quality...more

Changes to Underground Storage Tank Regulation/40 CFR 280: Oriana Thompson (The Southern Co.) Arkansas Environmental Federation...

Ms. Oriana Thompson undertook a presentation at the Arkansas Environmental Federal Convention titled: Changes to Underground Storage Tank Regulation 40 CFR 280 (“Presentation”)...more

Debunking Common Myths Regarding Mold: Leo Old (EnSafe) Arkansas Environmental Federation Presentation

Leo Old undertook a presentation at the Arkansas Environmental Federation Convention titled: Debunking Common Myths Regarding Mold (“Presentation”) - Mr. Old is an Associate Principal with EnSafe in Memphis, Tennessee....more

Test Methods/Clean Water Act: October 22nd U.S. Environmental Protection Agency Federal Register Notice Proposing Revisions

The United States Environmental Protection Agency (“EPA”) published an October 22nd Federal Register Notice proposing revisions to the approved test methods in 40 C.F.R. Part 136 addressing wastewater sampling. See 84 Fed....more

Affordable Clean Energy Rule Stakeholder Group: Arkansas Department of Energy and Environment Schedules October 24th Meeting

The Arkansas Department of Energy and Environment, Division of Environmental Quality (“DEQ”), has scheduled an Affordable Clean Energy (“ACE”) Rule stakeholder meeting. The meeting will be held on October 24th at DEQ...more

Arkansas State Implementation Plan Revisions/Clean Air Act: U.S. Environmental Protection Agency Notes Elimination of All Backlogs

The United States Environmental Protection Agency (“EPA”) issued an October 17th news release stating that it has: . . .eliminated all backlogs of Arkansas State Implementation Plans (SIPs). This development was also...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Front Royal, Virginia Automobile Coatings Manufacturing...

The CA provides that ACS is an owner and operator of a facility (“Facility”) as those terms are defined in RCRA in Front Royal, Virginia. The Facility operates as an automobile coatings manufacturing facility. It is stated...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Assessment of Civil Penalty to Church Hill, Tennessee Glass...

The Tennessee Air Pollution Control Board (“Board”) issued an October 16th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AGC Flat Glass North America, Inc. (“AGC”). See Division of Air...more

EPA's Oversight of Synthetic Minor Sources: U.S. EPA Office of Inspector General Project Notification

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an October 15th Project Notification addressing: EPA’s Oversight of Synthetic Minor Sources ("Project Notification")...more

Proposed Methanol Manufacturing/Export Facility - Kalama, Washington: Washington Department of Ecology Letter Requesting...

The Washington Department of Ecology (“WDE”) sent an October 9th letter to Cowlitz County, Washington addressing a Shoreline Conditional Use Permit (“CUP”) application to construct and operate a facility (“Facility”) to...more

Recycling - Impacts on State, Changing Recycling in General: Arkansas Environmental Federation Convention Presentation

My law firm colleague Stuart Spencer undertook a presentation at the Arkansas Environmental Federation 52nd Annual Convention and Trade Show on October 17th in Hot Springs titled: Recycling: Impacts on State, Changing...more

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Addresses Applicability to Cryogenic...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a September 20th interpretive letter a request for clarification of the Hazardous Materials Regulations (“HMR”) applicable to...more

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Northwest Environmental Advocates (“NEA”) filed a September 26th Clean Water Act Citizen Suit Action in United States District Court alleging that the United States Environmental Protection Agency’s (“EPA”) 2016 approval of...more

Status of the Watershed 2019: Ozarks Water Watch Report

Ozarks Water Watch (“OWW”) issued its annual report (“Report”) summarizing water quality in the Upper White River Basin. Data from the Report is a result of volunteer efforts which is described as: . . . more than 3,400...more

October 9th White House Executive Orders: Administrative Enforcement/Agency Guidance Document

The White House on October 9th issued two executive documents that are relevant to federal environmental enforcement: Executive Order on Promoting the Rule of Law Through Transparency and Fairness and Civil Administrative...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Owner/Operator of Brooklyn, New York Oil Bulk...

The United States Environmental Protection Agency (“EPA”) and Bayside Fuel Oil Depot Corp. (“Bayside”) entered into a September 27th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 311 of...more

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order and Assessment of Civil Penalty to Bristol, Tennessee...

The Tennessee Air Pollution Control Board (“Board”) issued a September 25th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Gregory Pharmaceutical holdings, Inc. (“Gregory”). Gregory is stated to...more

Wastewater Enforcement: Arkansas Department of Environment and Energy, Division of Environmental Quality and City of Humphrey,...

The Arkansas Department of Environment and Energy, Division of Environmental Quality (“DEQ”) and the City of Humphrey, Arkansas (“City”) entered into a September 27th Consent Administrative Order (“CAO”) addressing alleged...more

Public Water Systems/Safe Drinking Water Act: EPA Proposes Lead and Copper Rule

The United States Environmental Protection Agency (“EPA”) circulated a prepublication version of its proposed revisions to the Lead and Copper Rule (“LCR”). The LCR revisions are proposed pursuant to the authority of the...more

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