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July 27, 2015 0

White House To Review Plan To Issue Guidance To States On Clean Power Compliance

By in Environmental and Sustainability Law

The Environmental Protection Agency’s soon to be finalized Clean Power Plan has been sent to the White House for review.  The EPA views the federal plan as an interim measure to ensure that congressionally mandated emission standards under Section 111 of the Clean Air Act are fully implemented until such time as states assume their […]

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July 20, 2015 0

Implementation of Clean Water Jurisdictional Rule May Fall to States

By in Environmental and Sustainability Law

As previously reported in SGR’s environmental and sustainability newsletter, the U.S. EPA and the U.S. Corps of Engineers jointly published a final clean water rule on June 29, 2015 intended to clarify the jurisdictional limits of federal water for purposes of the Clean Water Act.  The rule, which takes effect on August 25, but which […]

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July 14, 2015 0

The Energy /Water Connection and the Role of HB 57

By in Environmental and Sustainability Law

SGR Partners Andy Thompson and Steve O’Day are scheduled to speak at the State Bar of Georgia Environmental Law Section Summer Seminar on July 24-25, 2015 at Hilton Head Island.  Andy will speak on a “Current Events” panel and will address recent developments in the Clean Water Act Permit Shield Defense, and Steve will speak […]

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July 13, 2015 0

WOTUS Rule Challenges

By in Environmental and Sustainability Law

As previously reported in the Smith, Gambrell & Russell Environmental & Sustainability Newsletter, on June 29, 2015, the Environmental Protection Agency and the U.S. Army Corps of Engineers released their final rule defining the “waters of the United States” and the jurisdictional scope of the Clean Water Act. The rule is in response to the […]

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July 6, 2015 0

Vapor Intrusion Guidance Issued by EPA

By in Environmental and Sustainability Law

On June 11, EPA released two long-awaited guidance documents on addressing the potential for vapor intrusion at contaminated sites.  Vapor intrusion is the potential for vapors from groundwater contamination to enter occupied buildings.  One guidance document, EPA’s “Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources,” applies to all sites […]

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June 30, 2015 0

Supreme Court Overturns D.C. Circuit Opinion on EPA MATS Regulations

By in Environmental and Sustainability Law

On Monday, June 29, 2015, the U.S. Supreme Court issued a 5-4 opinion in Michigan v. EPA, holding that the EPA must consider costs to the regulated industry in determining whether limiting mercury in power plant emissions is “appropriate and necessary”, in the words of the Clean Air Act.  The decision reverses a ruling of […]

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June 23, 2015 0

Chemical Safety Alert On Implementation of “Inherently Safer Technology” Issued by OSHA and EPA

By in Environmental and Sustainability Law

On June 9, the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) issued an alert containing agency guidance for voluntary measures that can be taken to reduce risks and improve safety at chemical plants.  The alert is the first step in a three-step process outlined to implement Executive Order (EO)13650, issued […]

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June 15, 2015 0

New EPA Rule Requires 36 States To Revise Implementation Plans Disallowing Affirmative Defense To Clean Air Violations

By in Environmental and Sustainability Law

In a final rule issued on May 22, the EPA has given 36 states until November 22, 2016 to revise their state implementation plans (“SIPs”) to remove provisions allowing a defense to enforcement actions under the Clean Air Act for violations that occur during start up, shut down and other emergency situations.  The rule, which […]

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June 8, 2015 0

EPA Developing Best Practices To Report Industrial Chemical Discharges

By in Environmental and Sustainability Law

Plans to develop best management practices for Clean Water Act permit writers and pretreatment coordinators are underway as The Environmental Protection Agency responds to a September 2014 report by the EPA Inspector General that criticized the agency for being ineffective at regulating discharges of hazardous chemicals to and from wastewater treatment plants. The agency also […]

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June 3, 2015 0

Nanomaterials: Comments on Proposed Data Collection Rule Due July 6

By in Environmental and Sustainability Law

EPA released a significantly revised proposed data collection rule under Toxic Substances Control Act (TSCA) Section 8(a) for nanomaterials on April 6, and is accepting comments on the proposed rule until July 6.  The rule would establish a one-time reporting requirement of data on nanomaterials meeting the specifications of the rule, due 6 months after […]

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