Sara Smith
Start Ups, Shut Downs and Upsets
-August 6, 2015
On June 12, 2015, EPA published a final rule (80 Fed. Reg. 33839) concluding that the State Implementation Plan (SIP) of many states, including Kentucky, is deficient due to their defenses for excess emissions during startup, shutdown, and malfunction. The rule, entitled “State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s […]
New Regulations and Programs – Making Sense of It All
-August 4, 2015
As we have discussed frequently, in these pages and elsewhere, the adoption of new programs and regulations seems to be continuing to increase, both in pace and number and in complexity and cost. As a limited example, just recently we have seen the Water of the US rule finalized; we are about to see a […]
Chamber Business Summit Looks at Big Ideas and Problems
-July 31, 2015
For the third year, I attended the Kentucky Chamber Business Summit this week. While we participate in numerous conferences each year, most are focused on environmental, health and safety or energy issues – all important to our business and our clients. The Business Summit is a different kind of conference. The ideas and issues addressed […]
Insects good for cleaning up garbage
-December 5, 2014
A new study from North Carolina State University shows that insects and other arthropods play a significant role in disposing of garbage on the streets of Manhattan –from a December 2, 2014 news release. Insects were shown to consume food waste (junk food) left in the median of New York City streets. The study also […]
EPA Issues a Revision of the CSAPR Rule
-December 3, 2014
Today EPA announced an interim final rule with request for comment to Amend Dates in Federal Implementation Plans Addressing Interstate Transport of Ozone and Fine Particulate Matter. This is otherwise known as the Cross-State Air Pollution Rule (CSAPR), the “Transport Rule” or the “Good Neighbor Rule” requires states to develop plans to reducing power plant […]
Legislative and Regulatory Update for the Oil & Gas Industry 11/7/14
-November 7, 2014
Scott R. Smith presented at the Eastern Unconventional Oil and Gas Symposium, November 6-7, 2014.
Title V Permit Fee Hearings
-October 29, 2014
The Kentucky Division for Air Quality has announced a public hearing to discuss Title V air permit fees. As you know if you have a Title V air permit, you pay for what you emit. Current fees are a little more than $70 per ton for the fiscal year 2013. It is likely that this […]
Supreme Court allows Mingo Logan decision to stand
-March 26, 2014
This case has been on a roller coaster since 2007 when the Corps of Engineers issued a Section 404 permit allowing a large surface mine to operate in West Virginia (UP). In 2009, well after the mine had begun development and significant capital had been invested, EPA announced that it would revoke parts of the […]
Proposed Rule: “Waters of the US”
-March 25, 2014
Today, March 25, 2014, EPA and the U.S. Army Corps of Engineers have released a proposed rule defining “waters of the US”. This proposed rule is 371 pages long. Due to questions arising from several Supreme Court cases on the issue over the past decade, many affected industries, agencies and citizens have asked for clarification […]
ASTM Standard for Phase I Environmental Site Assessments Awaits Approval
-November 27, 2013
ASTM Standard 1527-13 for Phase I Environmental Site Assessments is now on the streets but it does not have EPA’s stamp of approval quite yet. In August, EPA issued a final rule stating that the soon-to-be-released 1527-13 Standard would be acceptable, alternatively, to the 1527-05 Standard. In reaction to a slew of comments which were […]