With respect to the lawsuits citing the proposed rule, it is unlikely that a court would give much weight to a rule that is not yet final. However, EPA’s position is that the rule does not change the law, but simply clarifies existing law, and this is undoubtedly what the plaintiffs will argue. This approach could backfire, however, if a court finds that these interpretations are not consistent with existing CWA case law and essentially invalidates EPA’s new rule. … [Read more...] about Update on EPA’s (Environmental Protection Agency) Proposed “Waters of the U.S.” Rule
Environmental protection agency
The regulation requires power plants and manufacturing facilities to demonstrate that their cooling water withdrawals minimize fish mortality.The U.S. Environmental Protection Agency (EPA) has issued regulations under section 316(b) of the Clean Water Act establishing standards to be met by existing power plants and manufacturing facilities to minimize the loss of aquatic organisms that are drawn into their cooling water intake structures. The regulations, issued on May 19, require existing large power plants and manufacturing facilities that withdraw water for cooling from a water body subject to EPA’s jurisdiction to demonstrate that they use the best technology available to limit the number of aquatic organisms that are killed when they are pinned against the facility’s intake structure (i.e., impinged) or that are drawn into the facility’s cooling system (i.e., entrained). … [Read more...] about Environmental Protection Agency (EPA) Adopts Fish Protection Standards for Cooling Water Intake Structures
Upon Ms. McCarthy’s confirmation, we expect Janet McCabe, the current Deputy Assistant Administrator for EPA’s Office of Air and Radiation, to become Acting Assistant Administrator. Ms. McCabe formerly worked for the Indiana Department of Environmental Management, and for an Indianapolis children’s health advocacy organization, Improving Kids' Environment. … [Read more...] about Gina McCarthy Nominated To Be U.S. Environmental Protection Agency (EPA) Administrator
Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling.On May 9, the U.S. Environmental Protection Agency (EPA) issued a Direct Final Rule identifying 15 chemical substances that will require notice prior to manufacturing, importing, or processing for an activity designated as a significant new use. These chemicals were flagged pursuant to the Toxic Substances Control Act (TSCA) significant new use rules (SNURs). The notices, referred to as Significant New Use Notices (SNUNs), must be submitted to EPA 90 days before a listed chemical is manufactured, imported, or processed for an activity designated as a significant new use. EPA states that this will provide the agency with an opportunity to evaluate the intended use and determine whether it is necessary under TSCA to prohibit or limit the activity before it occurs. … [Read more...] about Is Environmental Protection Agency (EPA) Setting Its Sights on Hydraulic Fracturing Compounds?
According to the USEPA, this process will help inform its efforts to facilitate transparency and public disclosure of chemicals used during hydraulic fracturing and will not duplicate existing reporting requirements. James Jones, the USEPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention, said that the “EPA looks forward to hearing from the public and stakeholders about public disclosure of chemicals used during hydraulic fracturing, and we will continue working with our federal, state, local, and tribal partners to ensure that we complement but not duplicate existing reporting requirements.” … [Read more...] about United States Environmental Protection Agency (USEPA) Takes First Step Toward Possible Federal Regulation of Hydraulic Fracturing