By Jeryl L. Olson, Andrew H. Perellis and Patrick D. Joyce

The EPA and Army Corps of Engineers recently released its Final Clean Water Rule: Definition of “Waters of the United States.”

We had previously blogged about the Agency’s draft of the proposed rule that was distributed in November, 2013 as well as a “clarification” of the proposed rule
Continue Reading EPA Publishes Final Rule Expanding Definition of “Waters of the United States” Under the Clean Water Act

By Andrew H. Perellis and Craig B. Simonsen

In another proposal aimed at small business, the U.S. Environmental Protection Agency has just proposed a rule for Effluent Limitations Guidelines and Standards for the Dental Category. 79 Fed. Reg. 63258 (October 22, 2014). The rule will add more federal compliance costs and potential local treatment facility user fees to already tight
Continue Reading 120,000 Dental Offices to be Regulated Under EPA Dental Amalgam Rules

For our readers with California facilities and interests, Patrick D. Joyce has prepared a Management Alert on California’s new Industrial Stormwater Permit (2014 General Permit), which will apply on and after July 1, 2015. Industrial General Permit, 2014-0057-DWQ.

The California State Water Resources Control Board’s newly adopted industrial stormwater permit regime includes a broader array of industrial facilities not
Continue Reading California Industry: Start Preparing for New Industrial Stormwater Permit Requirements

By Kevin A. Fritz and Craig B. Simonsen

EPA has just announced its Final 2012 and Preliminary 2014 Effluent Guidelines Program Plans, EPA-820-R-14-001 (September 2014). The Plans announce both final decisions the EPA is making on the control of industrial wastewater discharges, and its proposed “new actions for the future.”

The Clean Water Act requires the EPA to biennially
Continue Reading EPA Publishes Effluent Guidelines Plan Focusing on Petroleum Refining, Oil and Gas Extraction, Metal Finishing, and Nanomaterials

By Wan Li and Craig B. Simonsen

The State Council recently announced new Guidelines for pilot programs for trading emissions permits to reduce air and water pollution.

Key pollutants to be traded under the pilot programs include sulfur dioxide and nitrogen oxide in the air, and chemical oxygen demand and ammonia nitrogen in wastewater. Speaking of these pollutants, Huang Xiaozeng,
Continue Reading Business Interests in China? State Council Issues Guidelines for Pilot Emissions Trading Program

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

EPA Administrator, Gina McCarthy, and the Assistant Secretary of the Army (Civil Works), Jo Ellen Darcy, just signed a proposed rule to “clarify” protections under the Clean Water Act for “streams and wetlands that form the foundation of the nation’s water resources.”

We had previously
Continue Reading Proposed Rule on Definition of “Waters of the United States” Under the Clean Water Act

By Jeryl L. Olson and Craig B. Simonsen

The Illinois Environmental Protection Agency (Illinois EPA) had first introduced the “eDMR” (electronic Discharge Monitoring Report) system in April 2004.

The eDMR system was developed so that National Pollutant Discharge Elimination System (NPDES) permittees with a computer and an Internet connection could complete, sign, submit, edit, and re-submit eDMR forms online. When
Continue Reading Illinois EPA Moves to Federally Integrated NetDMR Reporting System

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers would, under a draft of a proposed rule recently obtained by Bloomberg BNA, assert Clean Water Act jurisdiction over all natural and artificial tributary streams, lakes, ponds, and wetlands that affect the chemical, physical, and
Continue Reading Draft Proposed Rule for New Definition of “Waters of the United States”

By Philip L. Comella and Craig B. Simonsen

The U.S. Environmental Protection Agency has, in response to stakeholder requests, extended the due date for comments on its proposed rule to require electronic reporting for National Pollutant Discharge Elimination System (NPDES) paper-based reports. 78 Fed. Reg. 64435 (Oct. 29, 2013). Comments are now due on the proposed rule on or before
Continue Reading Proposed NPDES Electronic Reporting Rule Comment Period Extended

By Andrew H. Perellis and Craig B. Simonsen

The U.S. Environmental Protection Agency’s Science Advisory Board has just released for public comment a draft scientific report, “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence.” EPA/600/R-11/098B.

Figure 1-1 from the Report: Overview of Watershed Elements

The draft
Continue Reading New Definition of “Waters of the United States”?