Apr 3, 2019

EPA Risk Management Plan Rule Update

EPA Risk Management Plan

After losing a case in the D.C. Circuit Court of Appeals on its attempt to delay the effective date of the Obama-era final rule strengthening EPA’s Risk Management Plan (RMP) facility accident prevention program, EPA issued a proposed rule last Fall largely scrapping the Obama-era rule’s requirements. However, EPA has not yet issued a final rule, yet it was compelled to comply with the mandate of the D.C. Circuit Court of Appeals that invalidated its attempted delay of the Obama-era rule’s effective date. As a result, in December, EPA published a final rule in the Federal Register that the January… Read more

Jan 2, 2017

NESHAP Revisions Regarding Generally Available Control Technology

Radon Element

On December 20, 2016, EPA Administrator Gina McCarthy signed a final rule that revised “National Emission Standards for Radon Emissions from Operating Mill Tailings,” Subpart W of 40 CFR part 61. The revised standard requires the use of generally available control technology (GACT) to limit radon emissions from uranium tailings impoundments built after 1989. Specific control technologies would be required at conventional tailings impoundments, evaporation ponds, and heap leach piles. The revised standard also contains record-keeping and construction requirements. Existing radon emissions standards and monitoring requirements for impoundments built before 1989 remain in force. The rule becomes effective 60 days… Read more

Oct 23, 2015

24 States File Legal Challenge to EPA Clean Power Plan Rule

The U.S. EPA’s Clean Power Plan  was published as a final rule in the Federal Register today and a coalition of twenty-four states, including Georgia, immediately filed a lawsuit in the D.C. Court of Appeals challenging the legality of the Rule.  The EPA’s Plan calls for a 32% nationwide reduction (as compared to 2005 levels) in the power sector’s carbon emissions by 2030 with specific reduction requirements for individual states.  The twenty-four states contend that the EPA’s Plan exceeds EPA’s regulatory authority under the federal Clean Air Act.  Fifteen other states have previously announced their intention to intervene in support… Read more