93rd Arkansas General Assembly: Petroleum Storage Tank Trust Fund Balance Revision
February 25, 2021
by Walter G. Wright, Jr.
The 93rd Arkansas General Assembly convened for regular session on January 11th. House Bill 1519 (“HB1519”) was introduced on February 22nd which would amend the Arkansas Petroleum Storage Tank Trust Fund Act (“Trust Fund”). HB1519 was introduced by Representative Eaves. Thousands of underground…
Stormwater Enforcement: U.S. Environmental Protection Agency and Summerville, South Carolina, Concrete Block Manufacturing Facility Enter into Expedited Settlement Agreement
February 25, 2021
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) and Van Smith Block Company, LLC (“VSBC”) entered into an Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Water Act Industrial Stormwater Permit related regulations. See Docket No. CWA-04-2020-0320(b). The…
Terminal Contract/Environmental Regulations: Federal Appellate Court Addresses Claims of Excused Performance Related to Coal Shipments
February 24, 2021
by Walter G. Wright, Jr.
The United States Court of Appeals, Eleventh Circuit (“Eleventh Circuit”), in a February 17th Opinion addressed a dispute involving a terminal contract with a minimum coal tonnage use provision. See Drummond Coal Sales Inc. v. Kinder Morgan Operating LP “C”, 2021 WL 613748. The issue addressed was…
Clean Air Act/Applicability Determination Index: U.S. Environmental Protection Agency February 22nd Notice of Additions
February 24, 2021
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) maintains a Compendium of written responses to certain Clean Air Act inquiries from owners or operators of stationary sources. The Compendium is known as the Applicability Determination Index (“ADI”). EPA in a February 22nd Federal Register…
National Pollution Discharge Elimination System Sampling/Inclement Weather: Arkansas Department of Energy and Environment - Division of Environmental Quality Statement
February 24, 2021
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment (“Division of Environmental Quality”) recently issued a statement on its website addressing Clean Water Act National Pollution Discharge Elimination System (“NPDES”) sampling during inclement weather. DEQ states that: . . . If a permittee is unable…