Finally, the Inside E.P.A. newsletter is reporting that several recent citizen suits have cited language from the proposed rule to justify their claims, (see article titled: Citizen Suits Draw On EPA’s CWA Jurisdiction Rule to Boost Enforcement; subscription required). First, in a case filed in the U.S. District Court for the Southern District of Texas (Galveston Baykeeper v. Trendmaker Homes, et al.), the plaintiffs use “language [that] closely parallels how the EPA and the Corps address “prairie potholes” in the proposed rule to argue that certain potholes are jurisdictional and should not have been filled without a Section 404 permit. In the second case, filed in the District of Colorado (Wildearth Guardians v. Western Sugar Cooperative), the plaintiffs allege a shallow hydrologic connection to a jurisdictional water. This is one of the new types of potentially jurisdictional waters per the proposed rule. … [Read more...] about Update on EPA’s (Environmental Protection Agency) Proposed “Waters of the U.S.” Rule
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The demonstration materials required to establish compliance with the new regulations must be submitted with the facility’s application to renew its NPDES permit. The new regulations provide that a permit writer considering an application to renew a NPDES permit submitted before the effective date of the rule must establish interim requirements for what is deemed the best technology available to minimize adverse environmental impacts based on its best professional judgment. EPA’s discussion of the new regulations, however, indicates that a permit writer considering such a renewal application should consider whether additional, updated information would support the permit decision and may request additional information, including information that would be required in a renewal application submitted pursuant to the new regulations. If the facility’s current NPDES permit expires earlier than 45 months after the new regulation’s effective date, then the facility may … [Read more...] about Environmental Protection Agency (EPA) Adopts Fish Protection Standards for Cooling Water Intake Structures
While Ms. McCarthy’s confirmation may be delayed while Senators exercise their prerogative to use her nomination as leverage to obtain EPA responses to information requests, we expect her to be confirmed eventually. In addition, while many Clean Air Act rules emerging from her current office are controversial, Ms. McCarthy and her office have a reputation for being open and sharing information with stakeholders, a reputation that is not shared by all EPA offices. … [Read more...] about Gina McCarthy Nominated To Be U.S. Environmental Protection Agency (EPA) Administrator
Methylenebis[isocyanatobenzene], polymer with alkanedoic acid, alkylene glycols, alkoxylated alkanepolyol, and substituted trialkoxysilane (generic). PMN No. P-11-60.Acetaldehyde, substituted-, reaction products with 2- butyne-1, 4-diol (generic). PMN No. P-11-204.Functionalized multi-walled carbon nanotubes (generic). PMN No. P-12-44.Alkenedioic acid dialkyl ester, reaction products with alkenoic acid alkyl esters and diamine (generic). PMN Nos. P-12-408, P-12-409, P-12-410, P-12-411, P-12-412, and P-12-413.2-Propenoic acid, (2- ethyl-2-methyl-1,3-dioxolan-4-yl)methyl ester. PMN No. P-12-414.Quaternary ammonium compounds, bis(fattyalkyl) dimethyl, salts with tannins (generic). PMN No. P-12-437.Slimes and sludges, aluminum and iron casting, wastewater treatment, and solid waste. PMN No. P-12-560.Trisodium diethylene triaminepolycarboxylate (generic). PMN No. P-13-18Tertiary amine alkyl ether (generic). PMN No. P-13-78.Bromine, manufacture of, by-products from, distillation residues. … [Read more...] about Is Environmental Protection Agency (EPA) Setting Its Sights on Hydraulic Fracturing Compounds?
Last Friday, the USEPA issued an Advance Notice of Proposed Rulemaking under Section 8 of the Toxic Substances Control Act (TSCA) soliciting comment on whether companies must publicly disclose the chemicals used in the fracking process. The notice starts the public participation process and seeks comment on … [Read more...] about United States Environmental Protection Agency (USEPA) Takes First Step Toward Possible Federal Regulation of Hydraulic Fracturing