Monthly Archives: January 2014

EPA Creates Confusion By Promulgating New Standard for CERCLA “Appropriate Inquiry”

On December 30, 2013, the U.S. Environmental Protection Agency issued a final Rule amending the standard and practices for “All Appropriate Inquires under CERCLA”.  At the same time, the EPA allowed the current rules to remain in place.  The EPA rules adopt the standards established by ASTM, the first proposed in 2005, aka, ASTM-1327-05, the second… Read More »

EPA Publishes Notice of Data Availability on 2018 Emissions Inventory Modeling Platform

EPA published on January 14, 2014, a Notice of Data Availability (NODA) regarding its 2018 emissions inventory modeling platform (79 FR 2437). The platform consists of emission inventory data, supporting data used to develop the 2018 emission inventories, and methods and data that are used to process emission inventories representing the year 2018 into a… Read More »

Court Hesitant to Push Aside Post-Summit Memo

A coalition of manufacturers, the National Environmental Development Association’s Clean Air Project (NEDACAP), has asked the D.C. Circuit Court to strike the United States Environmental Protection Agency’s (USEPA) memorandum regarding how it planned to address a decision by the Sixth Circuit Court of Appeals ruling striking the agency’s policy regarding how it would implement air… Read More »

Ohio EPA Director Nally Resigns

Ohio EPA’s Director, Scott Nally, resigned abruptly on January 7, prompting Governor Kasich to appoint Craig Butler, the Governor’s senior director of energy and environmental policy as Interim Director of the agency.  Nally, who had been Ohio EPA Director for three years, gave no reason for the departure, saying only that he was leaving to… Read More »

PA DEP’s On-going Radiation Study for Oil and Gas Operations

One of the many environmental issues or concerns associated with shale gas development has been the level of radiation exposure associated with the variety of processes and equipment used to develop the resource.  While there is no current data to link shale gas development with elevated levels of radiation risk or exposure, the Pennsylvania Department… Read More »

Governor Proposes West Virginia Source Water Protection Act

On Monday, January 20, Governor Tomblin (D-WV) filed legislation in response to last week’s chemical spill, which contaminated drinking water in Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties. This proactive legislation, if enrolled, will become the West Virginia Source Water Protection Act (SWPA or Act). This legislation is designed to regulate… Read More »

Ohio EPA Issues Draft General Permit for Small Municipal Separate Storm Sewer Systems

Ohio EPA is taking public comments on a draft general permit renewal to allow storm water discharges from small municipal separate storm sewers (MS4s). These are systems that serve fewer than 100,000 people in urbanized areas. According to Ohio EPA, these sewers require permits because they can carry pollutants from parking lots, streets, sidewalks, lawns… Read More »

West Virginia’s Source Water Protection Program – Will It Prevent Future Public Water Contamination Disasters?

The West Virginia American Water Company (WVAWC) water crisis of Thursday, January 9, 2014 resulted from the failure of an upstream chemical tank which contaminated the source water for WVAWC’s primary water treatment facility on the Elk River in Charleston, West Virginia.  The fact that a poorly maintained aboveground chemical storage tank even existed in… Read More »

EPA Publishes New Power Plant Emissions Rule

The United States Environmental Protection Agency (EPA) published proposed New Source Performance Standards (NSPS) for regulating carbon dioxide emissions from new fossil fuel-fired power plants in the Federal register on January 8, 2013. The 60-day public comment period for this proposed rule closes on March 10, 2014 and there is a public hearing scheduled for… Read More »

Federal Court Finds Coal Company Liable for Selenium Discharges

In an opinion issued December 19, 2013, Judge Chambers for the U.S. District Court for the Southern District of West Virginia denied defendant Fola Coal Company, LLC (Fola) and granted environmental plaintiffs’ motion for partial summary judgment against Fola, and for declaratory relief as to liability for violating the Federal Water Pollution Control Act (Clean… Read More »