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EPA Clean Power Plan

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EPA Advocacy Can Add Value to a Manufacturer’s Bottom Line

Whether you’re manufacturing widgets or rubber bands, paper products or cheese, one thing most manufacturers have in common is being subject to various regulations by the Environmental Protection Agency (EPA). Manufacturers often experience regulation as an imposition of new, stringent requirements...

US EPA Finalizes Hydrochlorofluorocarbon Consumption and Production Allowances for 2015 to 2019

The US EPA has published its final rule that adjusts the allowance system for the consumption and production of hydrochlorofluorocarbons (HCFCs) for years 2015 to 2019. The rule was promulgated pursuant to the Clean Air Act, certain sections of which ensure that the United States meets its obligations...

What Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?

The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies should be required to reassert or resubstantiate...

EPA Targets 72 Inert Pesticide Ingredients for Removal

The U.S. Environmental Protection Agency (EPA) has issued a Federal Register Notice proposing to remove 72 chemicals from the list of currently approved inert pesticide ingredients under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq , [ enhanced version available...

EPA Proposes More Stringent Ozone Standards

The U.S. Environmental Protection Agency (EPA) has signed a proposed rule to promulgate more stringent primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The proposed rule would limit air ozone concentrations to between 65 and 70 parts per billion (ppb), down from the current...

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia

By Laura M. Goldfarb EPA designated all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS) by rule on December 18, 2014. This is significant for industry and business development in West Virginia because, air...

EPA Issues New Rules Governing Recycling That Will Impact Most Major Industries

The U.S. Environmental Protection Agency (EPA) recently revised its rules governing the recycling of spent materials, listed hazardous sludge and listed by-products associated with the Resource Conservation and Recovery Act (RCRA) definition of solid waste (DSW). See 80 Fed. Reg. 1694-1814 (Jan. 13,...

New EPA Rule Regulates Coal Ash As Non-Hazardous

By E. Lynn Grayson The U.S. Environmental Protection Agency (EPA) recently announced the first national regulations to provide for the safe disposal of coal combustion residuals (coal ash) from coal-fired power plants which will be regulated under the nonhazardous waste provisions of RCRA. In developing...

EPA Eliminates Article Exemption for Benzidine-Based Chemical Substances in Significant New Use Rule

Under section 5(a)(1)(B) of the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq .), [ enhanced version available to lexis.com subscribers ], the U.S. Environmental Protection Agency (EPA) has the authority to require any person who intends to manufacture, import, or process any chemical...

Environmental Groups Sue Over Applicability of TRI Data

By E. Lynn Grayson A recent lawsuit filed by 10 environmental groups against EPA alleges that EPCRA Section 313 Toxic Release Inventory (TRI) reporting should apply to oil and gas extraction companies. The environmental groups want TRI data regulatory requirements about releases to the environment...

West Virginia Total Maximum Daily Loads Litigation Challenging EPA

The Ohio Valley Environmental Coalition, Inc; Sierra Club; West Virginia Highlands Conservancy, Inc; and the West Virginia Rivers Coalition have filed a Complaint for Declaratory and Injunctive Relief against U.S. EPA, Region III. The action challenges six (6) final actions by EPA and seeks to compel...

EPA’s OECA Announces Enforcement Tools for Civil Enforcement Cases and Administrative Settlements

By Randy Brogdon , Partner, Troutman Sanders LLP In a recent memo issued by EPA’s Office of Enforcement & Compliance Assurance (OECA), Assistant Administrator Cynthia Giles announced that four specific “enforcement tools” should be considered “in all civil enforcement...

The Constitutional Foundation for the Clean Power Plan

As members of Congress wisely examine the legal basis for the Clean Power Plan, they should feel confident that the Environmental Protection Agency is acting with a solid constitutional foundation. At a Tuesday hearing of the Subcommittee on Energy and Power of the House Committee on Energy and Commerce...

EPA Building Sign

FY2016 EPA Budget Proposal

By E. Lynn Grayson EPA Administrator Gina McCarthy recently testified before the Senate Environment and Public Works Committee regarding EPA's proposed 2016 fiscal year budget. EPA's 2016 fiscal year from October 1, 2015 through September 30, 2016. EPA is seeking an increase of $453M over...

EPA Proposes New Nanoscale Chemical Reporting Rule

By E. Lynn Grayson EPA has proposed one-time reporting and record keeping requirements on nanoscale chemical substances in the marketplace. The proposed rule contains a 90-day public comment period. After the comment period, EPA will review and consider those comments before issuing any final rule...

EPA Announces It Will Release New Guidelines on Vehicle MPG Ratings

The EPA announced, on February 23, 2015, that it will release new guidelines for vehicle fuel economy testing. The new guidelines will apply next year and will address how vehicles should be prepared and broken in before fuel economy testing. The testing for fuel economy has not been updated in ten years...

EPA Chief Of Staff To Join ICE As Top Legal Adviser

"The chief of staff to the head of the U.S. Environmental Protection Agency will take over as the top legal adviser for U.S. Immigration and Customs Enforcement in June, the agency told Law360 on Friday, as ICE continues to grapple with controversial policy issues such as the resurgence of family...

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...

Annual U.S. Greenhouse Gas Emissions Inventory Shows Increase Since Prior Year and Since 1990

By Gabrielle Sigel As it has since 1994, on April 15 of this year, U.S. EPA published its annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. The Inventory tracks greenhouse gas ("GHG") emissions from man-made sources, by year, starting in 1990. The Inventory began as part of...

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...