Category: Special Topics in Environmental Management

Cooperative federalism

Collaborative Enforcement: EPA and the States

In September 2017, the EPA’s Office of Enforcement and Compliance Assurance (OECA) and the Environmental Council of the States (ECOS) kicked off a work group to find ways “to improve the state-federal relationship in the context of compliance assurance.”

WOTUS river

WOTUS Blocked by Yet Another Ruling

As the Supreme Court directed in National Association of Manufacturers v. Department of Defense, challenges to the EPA’s Clean Water Rule or waters of the United States (WOTUS) (June 26, 2015, Federal Register (FR)) must be filed in federal district courts rather than in courts of appeal. This has set the stage for dueling opinions […]

O&G refinery emissions

EPA Looks to Overhaul O&G Methane Rule

In its proposal to revise portions of the Obama EPA’s 2016 New Source Performance Standards (NSPS) to control emissions of the methane and other air pollutants from crude oil and natural gas facilities (40 CFR part 60, subpart OOOOa), the Trump EPA has made its intentions clear—save the oil and gas (O&G) industry up to […]

Are You Prepared for Industrial Stormwater Monitoring?

With several states’ deadlines for discharge monitoring reports (DMRs) looming, it’s a good time of year to get back to basics and evaluate your industrial facility’s stormwater monitoring practices. Forgetting to monitor or improperly monitoring can lead to a number of costly violations for facilities operating under industrial stormwater permits, so it pays to make […]

gasoline pump

An Update on RFS Actions

This summer saw three important actions in the EPA’s implementation of the Clean Air Act’s (CAA) Renewable Fuel Standard (RFS). First, in June, the Agency proposed its renewable fuel percentage standards for 2019 and for 2020 for biomass-based diesel. Second, several days later, the EPA issued its second report to Congress on the environmental and […]

Power plant

Massachusetts Supreme Court Affirms Power Sector GHG Regs

Shortly after the Trump EPA proposed to replace the Obama EPA’s Clean Power Plan with its more industry-friendly Affordable Clean Energy (ACE) rule, the Massachusetts Supreme Court went in the opposite direction by denying a petition to overturn a state regulation imposing a progressive cap on greenhouse gas (GHG) emissions for the power sector.

Hourly/Annual Emissions Tests and NSR Permits

The EPA’s proposed Affordable Clean Energy (ACE) rule (August 31, 2018, Federal Register (FR)) to regulate greenhouse gas (GHG) emissions from existing power plants includes a new approach to the Agency’s New Source Review (NSR) program.