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Tag Archives: EPA

Renewable Fuels Association Calls On EPA and CFTC to Investigate RIN Markets

In an August 1, 2016 letter to the Commodity Futures Trading Commission (CFTC) and the Environmental Protection Agency (EPA), the Renewable Fuels Association (RFA) called for an investigation into Renewable Identification Number (RIN) trading and recent increases in RIN prices.  RINs are the currency used for compliance with EPA’s Renewable Volume Obligations under the Renewable

CFTC Agrees to Help EPA Police RIN Market

On March 15, 2016, the United States Environmental Protection Agency (EPA) and the Commodity Futures Trading Commission (CFTC) signed a memorandum of understanding (MOU) on the “Sharing of Information Available to EPA Related to the Functioning of Renewable Fuel and Related Markets.” The MOU purports to respond to widespread concerns about fraud in the Renewable

Emerging EPA CWA Regulations to Address Potential Hazardous Substances Releases

On February 16, 2016, the U.S. District Court for the Southern District of New York approved a Consent Decree between environmental plaintiff groups and the U.S. Environmental Protection Agency that likely will result in comprehensive new requirements affecting companies that handle, store, transport or process hazardous substances. Envtl. Justice Health All. for Chem. Reform. v.

EPA Proposed Rule: Management Standards for Hazardous Waste Pharmaceuticals

Today the Environmental Protection Agency (“EPA”) published in the Federal Register a long-awaited proposed rule that would establish sector-specific requirements for the management of hazardous waste pharmaceuticals by a broad range of “healthcare facilities” (including hospitals, physician’s offices, long-term care facilities and retail pharmacies) and pharmaceutical reverse distributors.  The proposed rule, Management Standards for Hazardous

White House and EPA Release Final Clean Power Plan With Significant Changes

On August 3, 2015, the White House and the Environmental Protection Agency (“EPA”) released the final Clean Power Plan, which establishes national carbon emissions standards for existing power plants pursuant to section 111(d) of the Clean Air Act.  The Plan is estimated to reduce carbon dioxide emissions by 32 percent from 2005 levels by 2030,

Supreme Court Remands EPA Mercury and Air Toxics Standards (“MATS”) for Failing to Consider Costs

On June 29, 2015, the United States Supreme Court ruled that the Environmental Protection Agency (“EPA”) erred by failing to consider costs when deciding whether it was “appropriate and necessary” to regulate emissions of mercury and other hazardous air pollutants from power plants. See Michigan v. EPA, U.S., No. 14-46, slip op. (June 29, 2015).

EPA and Army Corps of Engineers issue proposed Clean Water Act jurisdiction rule

On 25 March 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) released a joint proposed rule defining the jurisdictional reach of the Clean Water Act (CWA). The agencies also simultaneously issued an immediately effective interpretive rule to exempt a list of discrete agricultural conservation practices from CWA regulation under

EPA Response to Sixth Circuit Denial of Petition to Rehear Earlier Rejection of CAA Aggregation Policy Creates Geographic Confusion

The National Environmental Development Association’s Clean Air Project (NEDA/CAP) recently filed a petition for review for review in the D.C. Circuit challenging a December 21, 2012 EPA Memorandum, which provides policy guidance on the applicability of the Sixth Circuit’s decision in Summit Petroleum Corp. v. EPA (No. 09-4348/10-4572) to Clean Air Act (CAA) Title V and

DOE, EPA, OMB Nominees Announced

Earlier today, President Obama announced the nomination of three cabinet-level appointments to his Administration: Ernest Moniz as Secretary of Energy; Gina McCarthy as Administrator of the Environmental Protection Agency; and Sylvia Matthews Burwell as Director of the Office of Management and Budget.

RCRA “Review” Lawsuits and Toxicity Characteristic/TCLP

The Resource Conservation and Recovery Act (RCRA), at Section 2002(b), provides that each of EPA’s hazardous and nonhazardous waste rules “shall be reviewed [by EPA] and, where necessary, revised not less frequently than every three years.”  Until recently, this provision had never been enforced to require action by EPA, but on April 5, 2012, ten

Court Rejects EPA Title V Emissions Aggregation Interpretation

In Summit Petroleum Corp. v. EPA, the U.S. Court of Appeals for the Sixth Circuit rejected EPA’s attempt to classify natural gas production wells and a dedicated processing plant, located miles from the wells, as a single major source under Title V of the Clean Air Act (CAA).  The Sixth Circuit’s decision is important not

EPA Withdraws Proposed NPDES CAFO Reporting Rule

EPA has announced the withdrawal of its proposed National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feeding Operation (CAFO) Reporting Rule that would have imposed significant new and broad information reporting obligations requiring CAFOs nationwide to provide a host of specific business and operational information to EPA. In its July 13, 2012 notice withdrawing the

FERC helps to prevent blackouts due to power plants’ compliance with new air toxics regulations

During its May open meeting, the Federal Energy Regulatory Commission (FERC) announced the process it will follow for advising the Environmental Protection Agency (EPA) on requests from power generators for an additional year to comply with the EPA’s recently promulgated mercury and air toxics standard (MATS).   The announcement marks a major step toward reconciling the missions

EPA Proposes New Standards for GHG Emissions from New Stationary Sources: Electric Utility Generating Units

Acting on its 2009 finding that greenhouse gas emissions (GHGs) endanger both the public health and welfare, EPA has released a proposed new source performance standard (NSPS) rule for carbon dioxide (CO2), a GHG, from new fossil fuel-fired electric generating units (EGUs), including fossil-fuel boilers, integrated gasification combined cycle units, and stationary combined cycle turbine

Indiana Approves First Major Air Permit Addressing GHGs for Coal to Natural Gas Plant

On May 7, 2012, the State of Indiana Department of Environmental Management (IDEM) approved the air permit for a major coal to natural gas plant proposed by Indiana Gasification, LLC (IG).  The IG permit is Indiana’s first major Prevention of Significant Deterioration (PSD) permit addressing emission control requirements for greenhouse gases (GHGs).  IDEM has submitted

EPA Enforces Violations of the Lead Renovation, Repair and Painting Rule

The EPA recently announced three enforcement actions for violations of the Lead Renovation, Repair and Painting rule.  According to EPA’s Press Release, the enforcement actions were against an owner of rental apartments in Maine, a window and siding company in New Jersey, and a home repair company in Nebraska.  Cumulatively, the defendants agreed to pay over

Clean Water: Supreme Court Holds Pre-Enforcement Review of CWA Compliance Orders Is Available Under APA

In its March 21, 2012 decision in Sackett v. EPA, the U.S. Supreme Court determined that plaintiffs have a pre-enforcement right to challenge the EPA’s assertion of Clean Water Act (CWA) jurisdiction in administrative compliance orders issued by the Agency.  Implications of the Sackett decision are discussed below, as well as in other articles including Bloomberg and