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Seyfarth Synopsis: USEPA has published a new Memo on RCRA Applicability to End-of-Life Lithium Batteries.

In May 2023 the U.S. Environmental Protection Agency (“USEPA”) published  a Memorandum and Q&A on the applicability of RCRA to end-of-life Lithium Ion and Lithium Metal Batteries. The guidance, sent to the USEPA Regional Division Directors, clarifies how the RCRA rules for universal waste and

Continue Reading USEPA Memo and Q&A on RCRA Rules for Lithium Ion and Lithium Metal Batteries

By Jeryl L. Olson and Eric E. Boyd

On August 7th, in Summit Petroleum Corp. v. EPA, a panel of the United States Court of Appeals for the Sixth Circuit vacated a decision by the U.S. Environmental Protection Agency (EPA) that Summit Petroleum’s natural gas operations plant and wells located in a 43-square mile area near the plant were

Continue Reading Plants Must Actually be “Adjacent” to Constitute a Single Source for Air Permitting Purposes

By Jeryl L. Olson

The U.S. Environmental Protection Agency (EPA) has published templates for preparing Stormwater Pollution Prevention Plans (SWPPPs) for construction sites operating under National Pollutant Discharge Elimination System (NPDES) General Permits relating to construction activities. The user friendly templates are customizable, and include a sample inspection report template, which is also customizable. While aimed at SWPPPs at construction

Continue Reading EPA Publishes Stormwater Pollution Prevention Plan Templates

By Jeryl L. Olson

This is a supplement to our June 12, 2011 post on the Seyfarth Environmental and Safety Law Update advising that U.S. Environmental Protection Agency (EPA) has determined that certain information submitted under the Greenhouse Gas Reporting Rules will not be treated as confidential business information. On February 22, 2012 EPA published a proposed rule with respect

Continue Reading Greenhouse Gas Reporting Rules – Electronics Manufacturers

By Jeryl L. Olson

On February 16, 2012 the U.S. Environmental Protection Agency (EPA) released three general permits for stormwater discharges from construction sites that will be in effect in states where EPA has primary authority over the National Pollutant Discharge Elimination System (NPDES) program:  Idaho, Massachusetts, New Hampshire, New Mexico, the District of Columbia and the U.S. Territories and

Continue Reading Stormwater Permits Update – Construction Sites

By Craig B. Simonsen and Jeryl L. Olson

The District Court of Idaho, in Idaho Conservation League v. Atlanta Gold Corporation, No. 11-CV-161 (January 9, 2012), recently granted summary judgment to allow standing in a citizen’s suit. In the case, Atlantic Gold Corporation (Defendant) held a U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) permit which

Continue Reading District Court Finds Citizen Suit Standing in NPDES Permit Violations Case – Grants Summary Judgment on Liability

By Jeryl L. Olson

On January 9, 2011 U.S. EPA (EPA) published in the Federal Register a proposed rule for revisions to air testing methods and procedures specified under the Prevention of Significant Deterioration (PSD) regulations, the New Source Performance Standards (NSPS), and National Emissions Standards for Hazardous Air Pollutants (NESHAPS). 77 FR 1130 (January 9, 2012). EPA will be


Continue Reading Proposed Revisions to Air Testing Methods and Air Monitoring Specifications

By Jeryl L. Olson

On December 7, 2011 U.S. Environmental Protection Agency (EPA) notified interested parties, including state and local communities that EPA considers major stakeholders in the Risk Management Program (40 CFR Part 68), that EPA is going to re-establish Internet access to certain portions of the Risk Management Program database beginning in July 2012. The

Continue Reading U.S. EPA to make Public Certain Information under the Risk Management Plan Program

By Jeryl L. Olson

On December 1, 2011 the Illinois Pollution Control Board adopted new rules which will allow for the registration of small sources in lieu of obtaining a construction or operating permit for such small sources in Illinois.  The new regulations adopted at 35 Il Adm. Code Section 201.175 will become effective shortly, and the Illinois Environmental Protection

Continue Reading New ROSS Registration Rules for Small Air Sources in Illinois

By Jeryl L. Olson and Craig B. Simonsen

In United States v. DTE Energy Company, Docket No. 10-13101 (E.D. MI, Aug. 23, 2011), Judge Bernard Friedman recently found for the defendant, DTE Energy Company (DTE) in a New Source Review (NSR) permit dispute.  In the complaint, the United States alleged that DTE violated the Clean Air Act (CAA) and

Continue Reading District Court Finds That 2002 NSR Rules Provide Source Operators with Flexibility