The Trump Administration, through the EPA and Corps, announced its new regulatory definition for WOTUS on December 11, 2018. Shortly after the government shutdown ended earlier this year, the proposed rule appeared in the February 14, 2019, Federal Register and EPA held a public hearing in Kansas City, Kansas, on February 27th and 28th. Much

Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as “waters of the United States” under the Act. Over the years, various federal courts have reached differing conclusions on the question of whether discharges to groundwater can be considered discharges to waters of the

environment landscape natureAttorney Megan Caldwell recently blogged about two recent agency enforcement memoranda impacting the enforcement of environmental violations. Both the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have issued memos make changes in how agencies will focus on their roles in regards to enforcement. These changes may affect your company’s approach 

Power plant silhouetteOn January 25, 2018, the U.S. Environmental Protection Agency (“EPA”) withdrew its 1995 “once in always in” guidance. Under that guidance, facilities classified as “major sources” of hazardous air pollutants (“HAP”) as of the “first compliance date” of a maximum achievable control technology (“MACT”) standard under Section 112 of the Clean Air Act are required

On December 4, 2017, the Wisconsin Department of Natural Resources (DNR) amended its National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). The rule reduces the primary annual standard for PM2.5 from 15.0 to 12.0 micrograms per cubic meter (µg/m3). DNR was required to promulgate this rule to be consistent with the U.S. EPA NAAQS for PM2.5, published in January, 2013. The DNR rule is scheduled to be effective January 1, 2018, and will be submitted to the EPA as a revision to the Wisconsin state implementation plan.
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Charles MerrillHusch Blackwell’s Charlie Merrill authored an article, “It’s Up To EPA, Congress To Act On Commerce Reg Reforms” that appeared in Law360 this week. The article identifies recommendations for reform and actions needed for this reform to take place.

The U. S. Department of Commerce recently issued a report on the input it received from

Coal Loading MachineryThe month of August, 2017 has seen three distinct developments that may significantly impact management of “Coal Combustion Residuals,” or “CCR,” which include bottom ash, fly ash, boiler slag, and flue gas desulfurization materials generated from burning coal at steam powered electricity plants. Although one of these developments may provide a degree of regulatory relief, the other two may preserve or even strengthen existing regulatory requirements.

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Charles MerrillHusch Blackwell’s Charlie Merrill’s two part series on “The Regulatory Reforms Manufacturers Want Most” appeared in Law360 this month. The series covers manufacturers’ responses to DOC on environmental issues and examine commenters’ responses on regulations related to air pollution. Read an excerpt below:

U.S. manufacturers and their trade associations have submitted comments to the U.

landfillUnder the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§6901 et seq., hazardous waste land disposal units in operation after November 19, 1980 are subject to the RCRA hazardous waste management regulatory program. After closure of a hazardous waste land disposal unit where waste remains in place, RCRA regulations require the owner or operator (“owner/operator”) to perform post-closure care activities and provide financial assurance for the estimated costs of the post-closure care. The regulations require a 30-year post-closure care period, though the post-closure period may be extended by EPA or an authorized state if it can be demonstrated that an extension is “necessary to protect human health and the environment.”
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