EPA Issues Revised Guidance on the Use of Diesel Fuels in Hydraulic Fracturing

Pursuant to its authority under the federal Safe Drinking Water Act (SDWA), the United States Environmental Protection Agency (EPA) has issued final, revised guidance for permitting hydraulic fracturing activities that use diesel fuels. By way of background, an Underground Injection Control (UIC) permit...

EPA Issues Rule to Create e-Manifest System

The United States Environmental Protection Agency (EPA) has released a final rule that will allow entities to complete manifest forms required under the Resource Conservation and Recovery Act (RCRA) through a computer-based e-Manifest system hosted by EPA. The rule will offer hazardous waste handlers...

EPA and DOJ Reach Settlement With Owner/Operator Of Public Water System For Violations Of Safe Drinking Water Act

Customers Forced To Boil Drinking Water For Years. Preet Bharara, the United States Attorney for the Southern District of New York, and Judith A. Enck, the Regional Administrator of the U.S. Environmental Protection Agency, have reached a settlement with defendants Edward A. Eherts and the Painted...

Certain Pesticides Fail New U.S. EPA Screening Guide for Volatilization Risks

By Steven M. Siros The U.S. EPA has released its draft " Human Health Bystander Screening Level Analysis: Volatilization Risks of Conventional Pesticides" . This screening guide is intended to provide a mechanism for evaluating exposure risks as a result of the volatilization of conventional...

State Coalition Sues EPA For Failing To Adequately Limit Pollution From Residential Wood Heaters

Despite Clean Air Act Requirements, Agency's Existing Limits Haven't Been Updated in 25 Years; Ignore Outdoor Wood Boilers, One Of The Most Common And Polluting Devices. Smoke From Residential Wood-Burning Heaters Poses A Serious Public Health Threat In New York Communities. Leading...

Supreme Court Reinstates Cross-State Air Pollution Rule

On April 29, 2014, in a decision that may impact electric prices and service reliability for McNees clients in the region, the United States Supreme Court, [ enhanced version available to lexis.com subscribers ], reinstated EPA’s Cross-State Air Pollution Rule (CSAPR), [ enhanced version available...

USEPA Seeking to Obtain Information on Hydraulic Fracturing Chemicals and Mixtures

By Meredith Odato Graham The U.S. Environmental Protection Agency (USEPA) has announced the availability of an advance notice of proposed rulemaking (ANPR) to solicit public comments on “the information that should be reported or disclosed for hydraulic fracturing chemical substances and...

Marten Law on EPA v. EME Homer City Generation: Clean Air Act--Supreme Court Defers To EPA on Cross-State Air Pollution, Putting More Pressure on Aging Coal-Fired Power Plants

By Svend Brandt-Erichsen, Partner, Marten Law PLLC In this article, Svend Brandt-Erichsen of Marten Law PLLC examines the Supreme Court's decision in EPA v. EME Homer City Generation, [ enhanced version available to lexis.com subscribers ], upholding EPA's Cross-State Air Pollution Rule...

Court Rejects EPA’s Coal Ash Settlement Agreement

Sue And Settle: Court Rules Consent Decree Not Consistent with Public Interest - December 19, 2014 Deadline for Proposing Coal Ash Rules Should Not Be Subject to Delay by the Parties By Kathy Beckett and Kathy Milenkovski The United States District Court for the District of Columbia recently...

Clean Power Plan Will Spur Innovation and Strengthen the Economy

Yesterday was an important day. At the direction of President Obama and after an unprecedented outreach effort, the U.S. Environmental Protection Agency released the Clean Power Plan proposal, which for the first time cuts carbon pollution from existing power plants, the single largest source of carbon...

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“ EPA ”) Cross-State Air Pollution Rule (“ CSAPR ”). EPA v. EME Homer City Generation, L.P., No. 12-1182, [ enhanced version available to lexis.com subscribers ]. In a 6...

Obama To Slash Emissions From Power Plants

The U.S. Environmental Protection Agency (EPA) has released its long awaited proposed greenhouse gas (GHG) emission standards to slash carbon emissions from existing power plants, the largest industrial source of GHG emissions in the US. The rule, if upheld by the Supreme Court, will require existing...

U.S. EPA Proposes Increased Reliance on TRI Data to Drive Enforcement Actions

U.S. EPA has announced that it is in the process of developing new electronic tools to utilize the data collected by its Toxics Release Inventory (TRI) to better focus its enforcement efforts. According to Steven Knizner, acting director of U.S. EPA's TRI Program Division, U.S. EPA's TRI program...

U.S. EPA Issues Final Regulations Governing Cooling Water Use At Power Plants And Industrial Facilities

The U.S. EPA has promulgated final regulations that established requirements for cooling water intakes at existing power plants and industrial facilities. After almost 20 years of attempting to adopt rules under Section 316(b) of the Clean Water Act, [ enhanced version available to lexis.com subscribers...

U.S. EPA Hits Pause On CERCLA Vapor Intrusion Regulations

U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System ("HRS") rule that would have allowed regulators to list a site on the National Priorities List ("NPL") solely on the basis of the risks posed by vapor intrusion. The withdrawal occurred after the proposed rule had...

Federal Court Rejects USEPA’s Attempt to Limit Summit Ruling to Sixth Circuit

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a USEPA memorandum aimed at limiting the reach of S ummit Petroleum Corp. v. USEPA , (6th Cir. Aug 7, 2012), [ enhanced version available to lexis.com subscribers ], a case which condemned USEPA’s use of a functional interrelationship...

The D.C. Circuit Court Rejects EPA Guidance on Source Aggregation

The D.C. Circuit Court of Appeals, [ enhanced version available to lexis.com subscribers ], ruled upon a petition filed by an industry coalition which objected to the manner in which USEPA intended to implement the 6 th Circuit Court of Appeals ruling in Summit Petroleum Corp. v. EPA , [ enhanced version...

EPA Evaluates Fracking Chemicals

The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. In a response to a citizen petition under Section 21 of TSCA submitted by...

Supreme Court Ruling Means Some Facilities Will No Longer Trigger Greenhouse Gas Permitting Requirements

In a highly anticipated decision issued June 23, 2014, the U.S. Supreme Court held that USEPA cannot require a stationary source to obtain a Prevention of Significant Deterioration (PSD) or Title V permit on the sole basis of its potential to emit greenhouse gas emissions. At the same time, however,...

Clean Power Plan Proposal Includes Incentives For States To Focus On Controversial Nuclear Energy

There has been a lot of discussion and press around the EPA’s new Clean Power Plan , which is intended to reduce CO2 emissions from existing power plants by 30% from 2005 levels by 2030. The EPA proposed this plan on June 2nd under its Clean Air Act §111(d) authority, which “requires...

Appellate Court Rejects Challenge To NPL Listing

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that although the petitioner had standing to challenge...

Ohio’s Fugitive Emissions Regulations

By Zahava Bennett and Eli Humphries Many energy prospectors, including the T. Boone Pickens, have viewed natural gas as a bridge fuel leading to a more sustainable future. Although natural gas burns cleaner than other fossil fuels, there is concern that a valuable resource is being wasted and additional...

U.S. EPA 2013 TRI Preliminary Dataset Now Available

EPA has released the 2013 Toxic Release Inventory (TRI) preliminary dataset, which contains toxic chemical release and pollution prevention data reported by facilities for the 2013 calendar year. The currently available dataset includes reporting forms processed as of July 9, 2014 (the annual reporting...

GAO Finds EPA Needs to Better Protect Drinking Water from Fracking Activities

The U.S. Government Accountability Office (GAO) has released a report entitled “ Drinking Water: EPA Program to Protect Underground Sources from Injection of Fluids Associated with Oil and Gas Production Needs Improvement ,” in which the GAO reviews EPA’s oversight of its Underground...

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking

By Abigail Faulkner Jones On September 9, the U.S. House of Representatives voted to pass a bill introduced in response to the ‘Waters of the United States’ Proposed Rule that was prepared jointly by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (USEPA...