News & Analysis as of

Department of Environmental Quality Environmental Protection Agency

ADEQ Considers Seeking Primacy for the Clean Water Act 404 and Safe Drinking Water Act Underground Injection Control Programs

by Snell & Wilmer on

On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory...more

White County, Arkansas Facility: Arkansas Department of Environmental Quality and Kohler Co. Enter into Elective Site Clean-Up...

The Arkansas Department of Environmental Quality (“ADEQ”) and Kohler Co. (“Kohler”) entered into an October 23rd Elective Site Clean-Up Agreement (“ESCA”). See LIS 17-096. The ESCA addresses a facility located in Searcy,...more

Arkansas Environmental Personnel Moves (Update): Former Arkansas Department of Environmental Quality Director Teresa Marks,...

Former Arkansas Department of Environmental Quality (“ADEQ”) Director Teresa Marks is now serving as Chief Deputy Director of the California Department of Pesticide Regulation (“DPR”). Ms. Marks was appointed to the...more

2015 Ground-Level Ozone National Ambient Air Quality Standards: Arkansas Department of Environmental Quality Notes State-Wide...

The Arkansas Department of Environmental Quality announced that the United States Environmental Protection Agency (“EPA”) has stated that Arkansas is in attainment state-wide with the 2015 Ground-Level National Ambient Air...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Regional Haze: Arkansas Department of Environmental Quality Proposed State Implementation Plan Revision

The Arkansas Department of Environmental Quality (“ADEQ”) announced on October 31st proposed revisions to the State’s Regional Haze State Implementation Plan (“SIP”)....more

State Water Quality Trading Programs/Nutrients: October 2017 U.S. Government Accountability Office Report

The United States Government Accountability Office (“GAO”) issued an October 2017 report titled: Some States Have Trading Programs to Help Address Nutrient Pollution, but Use Has Been Limited (“Report”) ...more

Arkansas' 1-hr SO2 Saga!!: Stuart Spencer (Arkansas Department of Environmental Quality) Association of Air Pollution Control...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer, undertook a presentation at the 2017 Fall Business Meeting of the Association of Air Pollution Control Agencies...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

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

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

Environmental Notes - August 2016

by Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

Texas Adopts EPA's Definition of Solid Waste Rule and E-Manifest Requirements

by Bracewell LLP on

On June 10, 2016, the Texas Commission on Environmental Quality (“TCEQ”) adopted amendments to its statewide hazardous waste rules to incorporate changes made by the U.S. Environmental Protection Agency (“EPA”) to the federal...more

Air Program Malfunction Exemption Nixed, But Not Agency Discretion

by Williams Mullen on

Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and...more

Environmental Notes - May 2016

by Williams Mullen on

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

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

by Snell & Wilmer on

On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more

EIB Energy Highlights: SCOTUS on FERC, Nat Gas Record Year, Oil & Gas Exports, Winter Outlook, Cybersecurity & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

EPA nixes state exemptions on excess CAA emissions

by McAfee & Taft on

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

Can We Please Talk About Outcomes for a Change???

by Davis Wright Tremaine LLP on

I get it that environmental groups place strict compliance with regulatory controls at a premium. After all, the standards are designed to be protective of the resource, and they are The Law, which must be obeyed....more

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

by Miller Canfield on

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more

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