News & Analysis as of

Environmental Protection Agency (EPA) Corrective Actions

Mitchell, Williams, Selig, Gates & Woodyard,...

Concentrated Animal Feeding Operations/Clean Water Act: U.S. Environmental Protection Agency Letter Response to Conservation Law...

The United Stated Environmental Protection Agency (“EPA”) transmitted a September 9th letter to the Vermont Agency of Natural Resources (“Vermont”) addressing a Joint Petition from: Conservation Law Foundation....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Verification of Land-Use Controls at RCRA Corrective Action Facilities: U.S. EPA Office of Inspector General Report

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) has issued a report titled: The EPA Needs to Improve the Verification of Land-Use Controls at Resource Conservation and Recovery Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

Holland & Knight LLP

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

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Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Management Unites/Corrective Action: ASTSWMO Comments Addressing U.S. Environmental Protection Agency Proposed Rule...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted March 26th comments to the United States Environmental Protection Agency (“EPA”) addressing a proposed rule which would amend the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Integrating Climate Change Adaption Considerations into the RCRA Corrective Action Process: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency issued what it describes as “foundational policy document” for addressing climate adaption in the Resources Conservation and Recovery Act (“RCRA”) corrective action process....more

Harris Beach PLLC

EPA Proposes Rules for Regulating PFAS under RCRA

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The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Implementing Climate Resilience/Hazardous Waste Permitting: ASTSWMO Addresses Question to U.S. Environmental Protection Agency...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) addressed in a January 26th letter to the United States Environmental Protection Agency (“EPA”) a question regarding a draft memorandum the...more

Holland & Knight LLP

EPA Proposes RCRA Corrective Action Expansions Targeting PFAS

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The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more

Goldberg Segalla

Leading with Lead: EPA to Implement Strategy for Lead in 2024

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The U.S. Environmental Protection Agency kicked off the New Year by strengthening its guidance for investigating and cleaning up lead-contaminated soil at residential properties, especially in areas where children live and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Contaminated Soil/Residential Sites: U.S. Environmental Protection Agency Lowers Recommended Screening Levels

The United States Environmental Protection Agency (“EPA”) announced that it is lowering recommended screening levels for assessing and remediating lead-contaminated soil in residential areas. The recommended screening...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency and Lawrence County, Kansas, Landfill Operator Enter into Consent Agreement...

The United States Environmental Protection Agency (“EPA”) issued a December 12th news release indicating it had entered into a Consent Agreement with Hamm Inc. (“HI”) addressing alleged violations of the Clean Air Act. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Aboveground Storage Tanks: An Arkansas Petroleum Storage Tank Trust Fund Reminder

The Arkansas Petroleum Storage Tank Trust Fund (“Trust Fund”) is a state statutory mechanism has been used by both underground and aboveground storage tank owners and operators for over 30 years to address petroleum leaks and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Management Program Implementation Costs: Association of State and Territorial Solid Waste Management Officials...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a November 2023 report titled: Hazardous Waste Management Program Implementation Costs Report (“Report”) - The Report was...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Polk County, Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Request for Adjudicatory Hearing and Arkansas Pollution...

Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas Department of Energy & Environment – Division...more

Mitchell, Williams, Selig, Gates & Woodyard,...

SPCC/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Kansas Oil and Gas Exploration, Development and...

The United States Environmental Protection Agency (“EPA”) and Colt Energy, Inc. (“CEI”) entered into a May 22nd Consent Agreement and Final Order (“CAFO”) addressing the federal regulations found at 40 CFR Part 112 setting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Comparison of U.S. Environmental Protection Agency Underground Storage Tank Regulations and National Fire Protection Association...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) published a document titled: Comparing EPA UST Regulations and NFPA Fire Codes (“Guidance”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control/California Power Generation Plant: U.S. EPA Environmental Appeals Board Petition for Review

Panoche Energy Center, LLC, (“PEC”) filed an October 28th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Building Up Environmental Justice in EPA's Land Protection/Cleanup Programs: U.S. Environmental Protection Agency Announces Action...

The United States Environmental Protection Agency (“EPA”) issued a document titled: EJ Action Plan – Building Up Environmental Justice in EPA’s Land protection and Cleanup Programs (September 22) (“Action Plan”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Post-Closure Care Beyond 30 Years at RCRA Subtitle C Facilities: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a position paper titled: Post-Closure Care Beyond 30 Years at RCRA Subtitle C Facilities (“Position Paper”) The Position...more

Pillsbury - Policyholder Pulse blog

EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response

Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more

BCLP

PFAS Update: Significant Expansion of PFAS Regulation Under RCRA

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In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency (“EPA”) announced that EPA would initiate two important rulemaking efforts to regulate PFAS...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Texas Clean Water Act NPDES Permitting Program: Environmental Organizations Petition U.S. Environmental Protection Agency to...

The Sierra Club and 20 other environmental organizations (collectively, “Sierra Club”) submitted a September 23rd Petition to the United States Environmental Protection Agency (“EPA”) styled: Citizen Petition for...more

Holland & Hart LLP

EPA Under Biden Signals Continuing Importance of Self-Disclosure

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On February 5, 2021, the U.S. Environmental Protection Agency (EPA) issued updated Frequently Asked Questions (FAQs) regarding its Audit Policy Program, signaling that the Biden Administration will continue to support...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals: U.S. Environmental Protection Agency Proposed Rule

The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more

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