By Jeryl L. OlsonRebecca A. DavisPatrick D. JoyceIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) issued the 2021 Multi-Sector General Permit (“MSGP”) for industrial stormwater discharges on January 15, 2021. The 2021 MSGP became effective on March 1, 2021 and replaces the 2015 MSGP for
Continue Reading EPA Issues 2021 Multi-Sector General Permit for Industrial Stormwater Discharges

By Andrew H. PerellisJeryl L. Olson, and Patrick D. Joyce

Seyfarth Synopsis: Rather than providing clarity, the Supreme Court introduced substantial uncertainty into the NPDES permitting process involving situations where a point source discharge first enters groundwater and then migrates some distance – short or long – before discharging into a “navigable water” that is subject
Continue Reading Murky Water Ahead: SCOTUS Rules Contaminant Discharges to Groundwater “May” or “May Not” Require NPDES Permit

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 Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

In anticipation of its proposed rule to reduce carbon emissions of existing electric power plants, expected to be released Monday, June 2, EPA just released its report Climate Change Indicators in the United States, 2014, Third Edition (Report), showing some stunning data about climate change and
Continue Reading Only You Can Prevent Climate Change: EPA Report Shows “Impact of Changing Climate” on Health and Environment in Anticipation of Release of Proposed Coal Plant Rule

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 Third Circuit concludes that the U. S. Environmental Protection Agency may not force former facility owners to obtain missing preconstruction permits or to install missing pollution controls on a plant that they no longer own or operate — as it did not cry foul until more
Continue Reading Third Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a Preconstruction Permit is Not a Continuing Violation of the Clean Air Act

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

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

The U.S. Department of Justice (DOJ) has recently announced the filing of a consent decree to settle a Clean Water Act (CWA) fill and dredge case for the Army Corps of Engineers (COE). The complaint and consent decree were filed in USA v. Trinski and Hohan, No. 07-C-3600 (N.D. Ill). The notice of lodging was

Continue Reading Clean Water Act Settlement Requires Defendants to Pay Fine, Forfeit Property, and Perform Free Excavating Services

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