On June 15, 2012, EPA approved the first applications for the use of E15 Ethanol/Gasoline blend. Since that time, a dispute has emerged regarding the potential benefits and problems associated with a transition from the current standard E10 blend to E15. The situation became more focused following EPA's issuance on March 29, of proposed rules referred to as the Tier 3 Vehicle Emissions and Fuel Standards. These rules, which are proposed to become fully effective in 2017, are intended to reduce gasoline sulfur levels by more than sixty percent (60%) and reduce smog-forming volatile ...
The U.S. EPA has issued for public comment a draft of its most recent National Rivers and Streams Assessment (NRSA). The Assessment involved sampling over 1,900 points along wadeable waterways in the contiguous 48 States during 2008 and 2009, and updates a similar study done in 2004. Comments must be emailed to nrsa-hq@epa.gov by 11:59 p.m. May 9, 2013.
Among the key findings: 55% of the nation's river and stream miles do not support healthy populations of aquatic life, with phosphorus and nitrogen pollution and poor habitat the most widespread problems. An additional 23% of river and ...
The U. S. Supreme Court's March 20, 2013, decision in Decker v. Northwest Environmental Defense Center is good news for the logging industry. The Clean Water Act (Act) and EPA's Silvicultural Rule (Regulation) do not require National Pollutant Discharge Elimination System (NPDES) permits for discharges of chan neled stormwater runoff from logging roads. Permits will be required for logging operations that involve rock crushing, gravel washing, log sorting and log storage facilities. Georgia-Pacific West had a contract with Oregon to har vest timber from a state forest. When ...
The recent decision in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013) vacated all of EPA's rules on Significant Monitoring Concentrations ("SMCs"), as well as some (the Prevention of Significant Deterioration ("PSD") portion) of the Significant Impact Levels ("SILs") for Particulate Matter in air emissions measuring 2.5 micrometers in diameter or smaller ("PM2.5"). As a result permit applicants have fewer screening tools available when seeking exemption from analysis and monitoring requirements under the Clean Air Act ("Act").
A. Background for the Act, NAAQS ...
UPDATE to previous article: EPA Confirms Uncertainty Over Timing Of Final Coal Ash Rule
As anticipated in a previous posting, President Obama has formally nominated Gina McCarthy to be the next Administrator of the U.S. Environmental Protection Agency. McCarthy brings to the position notable experience at both the state and federal levels. She joined EPA in 2009, and currently serves as Assistant Administrator for the Office of Air and Radiation. Prior to joining EPA, she served as Director of state environmental agencies in both Connecticut and Massachusetts, the latter in the ...Previously, we referenced an article in Bloomberg BNA reporting on an interview with an EPA representative who indicated that the Agency could not provide a definitive timeline for promulgating final regulations on the management of coal ash generated by power plants. EPA has now more formally confirmed this uncertainty. Recently, in announcing projected publication dates for a wide range of rules in various stages of development, EPA effectively acknowledged that there is no target date for the final rule. This is also reflected on EPA's web page which tracks the history of the ...
The U.S. Environmental Protection Agency recently announced that it has reached an agreement with the Wisconsin Builders Association, the National Association of Home Builders and others to settle litigation challenging revised standards regulating construction stormwater discharges, including a regulation establishing numerical turbidity limits. The standards were initially adopted in 2009 and then included in the Agency's final construction stormwater permit in 2012.
The Settlement Agreement, which was filed in December, addressed a number of issues raised in the ...