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
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The information the regulations require to be submitted by facilities will differ depending on which of the seven alternatives the facility chooses to implement. Generally, less engineering data and fewer biological studies is required to support selection of one of the first two technology options than is necessary to support an alternative that relies on operational practices or a combination of technologies and operations. Each facility is required to meet the impingement mortality standard as soon as practicable following the issuance of a NPDES permit that establishes the entrainment requirements under the new regulations. … [Read more...] about Environmental Protection Agency (EPA) Adopts Fish Protection Standards for Cooling Water Intake Structures
On March 4, 2013, President Obama announced his intent to nominate Gina McCarthy as Administrator of the U.S. Environmental Protection Agency (EPA), to replace Lisa Jackson, who resigned effective Feb. 14, 2013. Bob Perciasepe, EPA Deputy Administrator, currently is the Acting EPA Administrator. … [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?
On May 9th the United States Environmental Protection Agency (USEPA) initiated a process that may result in federal regulation of the fluids used in hydraulic fracturing (fracking). In the past 10 years, United States production of oil and gas has skyrocketed, due in part to the increased use of fracking technologies that use high‐pressure injection of fluids, sand, and chemicals to stimulate the release of oil and gas from geological formations which were difficult to access with other techniques. While fracking technologies have been in use for some time, environmentalists have argued that the public lacked adequate information to assess whether chemicals used in fracking posed represented threats to human health or the environment. … [Read more...] about United States Environmental Protection Agency (USEPA) Takes First Step Toward Possible Federal Regulation of Hydraulic Fracturing