News & Analysis as of

Underground Storage Tanks RCRA

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Environmental Protection Agency and Wickliffe, Ohio, Operator Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Lubrizol Corporation (“LC”) entered into a January 24th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of the federal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Motion for Reconsideration Regarding Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Comparison of U.S. Environmental Protection Agency Underground Storage Tank Regulations and National Fire Protection Association...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a document titled: Comparing EPA UST Regulations and NFPA Fire Codes (“Guidance”)...more

J.S. Held

The EPA’s Office of Land and Emergency Management Environmental Justice Action Plan

J.S. Held on

The Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) oversees policy and guidance for the EPA’s hazard response and waste programs. In October 2022, OLEM released its Environmental Justice...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Building Up Environmental Justice in EPA's Land Protection/Cleanup Programs: U.S. Environmental Protection Agency Announces Action...

The United States Environmental Protection Agency (“EPA”) issued a document titled: EJ Action Plan – Building Up Environmental Justice in EPA’s Land protection and Cleanup Programs (September 22) (“Action Plan”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

United States Underground Storage Tank Program: U.S. Environmental Protection Agency Announces the Successful Cleanup of Over...

Mark Barolo, Acting Director of the United States Environmental Protection Agency (“EPA”) Office of Underground Storage Tanks authored an article in the March 2022 edition of the LUSTLine Bulletin titled: Congratulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Environmental Protection Agency and Hanover, Pennsylvania, Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Hanover 76, Inc. (“Hanover”) entered into an April 7th Consent Agreement (“CA”) addressing alleged violations of the Pennsylvania underground storage tank (“UST”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Environmental Protection Agency and York, Pennsylvania, Operator Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and York Fuel Stop, Inc., (“York”) entered into a February 23rd Consent Agreement (“CA”) addressing violations of the Pennsylvania regulations addressing underground...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA Cost Recovery Action/Underground Storage Tank: Federal Court Addresses Scope of the Term Owner

A United States District Court (N.D. California) (“Court”) addressed in a December 16th opinion issues arising out of a railroad’s lawsuit to recover remediation costs pursuant to the Resource Conservation and Recovery Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pennsylvania Underground Storage Tank Indemnification Fund/Registration Fees: Pennsylvania Court Addresses Eligibility Issue

A Commonwealth Court of Pennsylvania (“Court”) addressed in an August 5th Opinion an issue arising under the Pennsylvania Underground Storage Tank Indemnification Fund. See Shrom v. Pennsylvania Underground Storage Tank...more

Mitchell, Williams, Selig, Gates & Woodyard,...

93rd Arkansas General Assembly: Petroleum Storage Tank Trust Fund Balance Revision

The 93rd Arkansas General Assembly convened for regular session on January 11th. House Bill 1519 (“HB1519”) was introduced on February 22nd which would amend the Arkansas Petroleum Storage Tank Trust Fund Act (“Trust...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Fuel Dispenser Labeling: U.S. Environmental Protection Agency Proposed Rule Addressing E15

The United States Environmental Protection Agency (“EPA”) published a January 19th Federal Register Notice proposing modifications to the Clean Air Act (“CAA”) and Resource Conservation and Recovery Act (“RCRA”) relating to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Repairs to Containment Sumps/Underground Storage Tanks: U.S. Environmental Protection Agency Compendium Update

The United States Environmental Protection Agency (“EPA”) periodically updates a “Compendium” which addresses revisions to the Resource Conservation and Recovery Act, Subtitle I, Underground Storage Tank (“UST”) regulations. ...more

WilmerHale

COVID-19: EPA Issues Guidance for Delaying CERCLA, RCRA Site Work

WilmerHale on

Adding to the many regulatory initiatives undertaken to aid the nation’s COVID-19 response and provide enforcement relief to the regulated community, on April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued...more

Snell & Wilmer

EPA Announces COVID-19 Interim Field Work Guidance

Snell & Wilmer on

On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response...more

Lowenstein Sandler LLP

EPA Issues Interim Guidance for Remedial Field Work During the COVID-19 Pandemic

Lowenstein Sandler LLP on

On April 10, the U.S. Environmental Protection Agency (EPA) issued interim guidance to determine when, and how, to suspend field work under certain EPA programs during the ongoing COVID-19 crisis. The guidance covers response...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Environmental Protection Agency and Owner of Pennsylvania Retail Motor Fuel Facilities Enter into...

The United States Environmental Protection Agency (“EPA”) and National Retail Properties Trust (“NRPT”) entered into a January 29th Consent Agreement (“CA”) addressing alleged violations of certain Resource Conservation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Oil Marketers Association Environmental Workshop: Arkansas Department of Environmental Quality Storage Tank Trust...

The Arkansas Oil Marketers Association held their annual environmental workshop on August 29th in Little Rock, Arkansas. The workshop addressed and variety of environmental issues associated with the utilization, storage,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Storage Tank Funds: 2018 ASTSWMO 2018 Survey Results

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a document titled: State Funds Survey Results 2018 (“Survey”) ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Environmental Protection and Centralia, Washington Underground Storage Tank Owner Enter into...

The United States Environmental protection Agency (“EPA”) and Kenneth A. Stedham, d/b/a Bi-Rights Motor Company (“BMC”) entered into a May 15th Consent Agreement (‘CA”) addressing alleged violations of the Resource...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Attorney (Southern District of New York) Files Federal District Court Action Against Gas Station...

The U.S. Attorney’s Office (Southern District of New York) issued a May 1st news release stating that a lawsuit had been filed in the United States District Court against Chestnut Petroleum Distributor, Inc., and various...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank Enforcement: U.S. Environmental Protection Agency and Columbia, Maryland, Petroleum Bulk Plant Operator...

The United States Environmental Protection Agency (“EPA”) and Bedford Valley Petroleum Corporation (“Bedford”) entered into a March 14th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the federal...more

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