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EPA E-Manifest Implementation Update

By E. Lynn Grayson On October 5, 2012, President Obama signed into law the Hazardous Waste Electronic Manifest Establishment Act (PDF) , which authorizes the EPA to implement a national electronic manifest system. Commonly referred to as "e-Manifest," this national system is envisioned...

A View from the FERC - Part III - Time to Keep the Lights On

By Tricia Caliguire Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners to hear the specific issues created by EPA’s...

In re Murray Energy - the First Clean Power Plan Donnybrook

By J. Wylie Donald This morning found us at the E. Barrett Prettyman Courthouse in Washington, hoping to take in the oral argument before the DC Circuit in the first (of what is certain to be many) challenge to the Clean Power Plan: In re Murray Energy Corp. Murray Energy is the largest privately...

US EPA Toxic Release Inventory 2015 Changes

There are a number of changes for the Toxic Release Inventory (TRI) report due on July 1, 2015 (RY 2014). New Chemical added to the list In the final rule published on November 7, 2013 (78 FR 66848), [ enhanced version available to lexis.com subscribers ], o-nitrotoluene was added to the list of...

Summary of EPA's Proposed Rule for Nanoscale Substances

EPA’s Proposed TSCA Rule for Information Collection on Chemical Substances When Manufactured or Processed at the Nanoscale Deadline for comment: July 6, 2015 Statutory authority: Section 8(a) of TSCA, 40 C.F.R. Part 704 Overview • EPA is proposing to collect information from companies...

Administrative Watch: EPA Issues New Rule on Definition of Waters of the United States

On May 27, 2015, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) released the long-awaited final rule redefining the extent of the agencies’ jurisdiction over “waters of the United States” (WOTUS) under the Clean Water Act...

A FIP Primer for the Clean Power Plan

Much has been made of late about EPA’s authority to develop federal implementation plans (FIPs) to achieve the state-based GHG emissions reduction targets the agency is preparing to establish under Clean Power Plan. Led by Senator Mitch McConnell, objectors have loudly urged states not to submit...

U.S. EPA – Next Generation Enforcement – Already Here With More Coming Soon

The 2016 budget focus for the United States Environmental Protection Agency (“U.S. EPA”) is on continued implementation of its “Next Generation” enforcement initiative, and this could mean big costs for manufacturers who choose to adapt their environmental compliance practices...

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United States.” Commonly referred to as the “Clean...

U.S. EPA and the Army Corps Finalize Much-Anticipated “Waters of the United States” Definition

On May 27, 2015, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) issued a highly anticipated revision to the federal definition of “waters of the United States.” By expanding the application of various regulations under multiple...

Supreme Court Ruling on EPA Mercury Rule: Utilities Wins the Battle, But Lose the War

By Jessica J.O. King The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards the emissions pose to human health. EPA conducted...

Clean Water Rule Opens Litigation Floodgates

By A. Keith "Kip" McAlister, Jr. With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in...

EPA Proposes to Redesignate Charlotte Area to Attainment for Ozone Standard

By Ryan W. Trail On May 21, 2015, EPA proposed to approve the State of North Carolina’s request to redesignate its portion of the bi-state, Charlotte-Rock Hill 8-hour ozone nonattainment area (the “Area”), to attainment for the 2008 8-hour ozone National Ambient Air Quality Standards...

EPA and Corps Define “Waters of The United States”

By: Channing J. Martin EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by EPA, the 297-page document...

Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule

More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit, the Act expressly limits its protections to “navigable...

Back to the Future: EIA’s Analysis of EPA’s Clean Power Plan Concludes that Power Sector CO2 Emissions May Drop to 1980s Levels

In June 2014, EPA issued its proposed Clean Power Plan to regulate CO2 emissions from existing power plants under section 111(d) of the Clean Air Act, [subscribers can access an enhanced version of this statute: lexis.com | Lexis Advance ]. The Clean Power Plan proposes to limit carbon emissions from...

Final Version of Controversial Clean Water Rule Announced: Does EPA Have Jurisdiction Over Your Ditch?

On May 29, 2015, the Obama administration released the final version of its highly controversial Clean Water Rule. President Obama declared that the new rule “will provide the clarity and certainty businesses and industry need about which waters are protected by the Clean Water Act, and it will...

USEPA Announces Changes to Self-Audit Policy

Besides researching and writing environmental rules, such as the mercury power plant rule recently addressed by the US Supreme Court, the USEPA must also spend a lot of effort enforcing rules – to ensure they are fairly and evenly complied with. Besides the “stick” of fines, potential...

House TSCA Modernization Act Gains Unanimous Bipartisan Support in Subcommittee, But More Work to be Done

On May 14, 2015, the House of Representatives Environment and the Economy Subcommittee unanimously reported its TSCA Modernization Act legislative proposal. The draft is a result of bipartisan efforts led by the Subcommittee Chairman, John Shimkus (R-IL), and supported by Subcommittee Ranking Member...

TSCA Modernization Act Hearing

On June 3, 2015, the House Energy and Commerce Committee voted unanimously, with one abstention by Representative Eshoo (D-CA), to submit the amended TSCA Modernization Act to the House of Representatives. During the hearing, two amendments were introduced. One bipartisan amendment offered by the...

House Passes TSCA Modernization Act, What's Next

The House of Representatives passed the TSCA Modernization Act (H.R. 2576), [subscribers can access an enhanced version of this bill: lexis.com | Lexis Advance ], by an overwhelming majority of 398-1, on June 23, 2015. The alternative Senate bill, the Frank R. Lautenberg Chemical Safety for the 21st...

OMB Begins Review of EPA Proposals to Curb Methane Emissions, Define Major Source

By Meredith Odato Graham In late June the U.S. Environmental Protection Agency (EPA) sent a highly-anticipated proposed rule to the White House Office of Management and Budget (OMB) for interagency review that would address methane emissions in the oil and natural gas sector. Earlier this year, EPA...

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements

By Ryan W. Trail EPCRA § 313 requires certain facilities manufacturing or “processing” more than 25,000 lbs. or otherwise using 10,000 lbs or more of a listed toxic chemical to file a Form R annually on or before July 1. In the last two issues of this newsletter, we discussed frequently...

EPA Report Finds No Evidence That Hydraulic Fracturing Causes Widespread Impacts On Drinking Water

By Robert J. Alessi and Jeffrey D. Kuhn This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally. The US Environmental Protection Agency has issued a...

EPA Issues Vapor Intrusion Guidance

By Channing J. Martin Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. Moreover, under ASTM E1527-13, a Phase...