Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal Resource Conservation and Recovery Act (RCRA) and various State counterpart statutes. RCRA regulations governing hazardous waste management include certain requirements intended to prevent fugitive emissions of hazardous air pollutants, and these can operate separate from or in addition to requirements imposed by a facility's air permit.
Last December, EPA announced its final rule regarding the management of coal combustion residuals ("CCR" a/k/a "coal ash"). This came several years after initial alternative proposals were offered for public comment, and the Agency's subsequent review of over 450,000 written comments. The announcement reflected a decision to regulate CCR as a non-hazardous waste under Subtitle D of the Resource Conservation and Recovery Act ("RCRA"). Such a classification had been supported by the power industry and industry groups and businesses that use coal ash in manufacturing and ...
Our firm has recently represented clients in two projects associated with brownfields that may signal an increased willingness on the part of regulatory authorities to facilitate redevelopment of contaminated properties. As individuals and companies around the nation began to reassess the impacts of sprawl, the ability to redevelop brownfield properties provides an opportunity to make these properties productive to the benefit of the new owner directly and the community generally. One project involved the redevelopment of a portion of an abandoned automobile manufacturing ...
We have periodically updated the status of EPA's long-running effort to decide whether and how to regulate coal ash generated primarily from electric power generation. Recent events have put EPA on a course to make a final decision and may also signal the substance of that decision. As noted previously, in 2010 EPA sought public comment on alternative proposals to regulate coal ash, one being regulation as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act ("RCRA") and the other would regulate the material as a solid, but not hazardous, waste under ...
A recent article in Bloomberg BNA reports that the U.S. EPA (Environmental Protection Agency) is currently unable to provide a definitive timeline for promulgating final regulations on the management of coal ash generated by power plants. This continues a protracted rulemaking process, which has prompted an extraordinary number of public comments, approval of legislation by the House of Representatives to limit EPA's options, and litigation to force a final decision. The rulemaking history to date has been a mix of complexity, indecision, and contentiousness. It has its origin ...
We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see ourPrivacy Policy.
Necessary Cookies
Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.
Analytical Cookies
Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.
