Silica/OSHA Enforcement: Proposed Penalty Assessment for Delaware, Ohio Foundry
The United States Occupational Safety and Health Administration (“OSHA”) issued an October 7th news release stating it cited Liberty Casting Company (“Liberty”) for certain alleged violations. Liberty is stated to operate a Delaware, Ohio foundry. OSHA inspectors are stated to have determined that…
Affordable Clean Energy Rule/Clean Air Act: Arkansas Department of Energy and Environment Announces October 24th Stakeholder Meeting
The Arkansas Department of Energy and Environment, Division of Environmental Quality (“DEQ”) announced it will hold a stakeholder meeting on October 24th addressing the Affordable Clean Energy (“ACE”) Rule. The agenda for the meeting is stated to include: opportunity to provide an overview of the…
National Environmental Policy Act/ National Historic Preservation Act: Federal Appellate Court Addresses Mootness Issue
The United States Court of Appeals for the Tenth Circuit (10th Circuit) addressed in an October 4th opinion a mootness issue associated with National Environmental Policy Act (“NEPA”) and National Historic Preservation Act (“NHPA”) claims. The question considered was whether the completion of a…
Air Enforcement: Tennessee Air Pollution Control Board: Proposed Order/Assessment of Penalty to Elizabethan, Tennessee Dry Machining Operation
The Tennessee Air Pollution Control Board (“Board”) issued a September 30th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AYM, Inc. (“AYM”) for an alleged air permit violation. See Division of Air Pollution – Case No. APC19-0094. The Order provides that AYM has a dry…
Aquatic Life Benchmarks: U.S. Environmental Protection Agency September 2019 Update
The United States Environmental Protection Agency (“EPA”) announced it has updated its Aquatic Life Benchmarks Table. State, tribal, and local governments utilize such benchmarks in their interpretation of water monitoring data. EPA’s Office of Water uses aquatic toxicity data to develop ambient…