Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Penalty for Camden, Tennessee Magnesium Smelting Operation
The Tennessee Air Pollution Control Board (“Board”) issued a January 8th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to MagPro, LLC, (“MagPro”) for alleged violations of an air permit. See Case No. APC-19-0090, APC-19-0148, APC-19-0157. MagPro is stated to have…
Regional Haze/Utah: U.S. Environmental Protection Agency Announces Approval of Revisions to State Implementation Plan
The United States Environmental Protection Agency (“EPA”) announced in the January 22, 2020 Federal Register that it was proposing to approve revisions to the State of Utah’s plan for addressing regional haze. The proposed approval addresses: controls previously proposed by Utah for the PacifiCorp…
Post-Closure/Landfill: North Carolina Appellate Court Addresses RCRA Compliance Issue
Co-Author: Hannah Hines The Court of Appeals of North Carolina (“Court”) addressed in a January 7th opinion a Resource Conservation and Recovery Act (“RCRA”) closure issue. See State ex. rel. Regan v. Wasco, LLC, No. COA19-355, 2020 WL 63913 (N.C. Ct. App. Jan. 7, 2020) WASCO, LLC appealed a…
Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Faulkner County Natural Gas Compressor Station Operator Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Flywheel Energy Operating, LLC (“FEO”) entered into a December 31st Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS 19-122. FEO is stated to own and…
Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes New Rule
On January 23rd the United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced the finalization of a new rule addressing the Clean Water Act definition of Waters of the United States (“WOTUS”). The rule is denominated the Navigable Waters…