Tag: clean water act
EPA Releases a New Framework for Implementing the TMDL Program
Last week another “Stoner Memo” was published. This time, the memo announced a new framework for implementing the Clean Water Act Section 303(d) Program – in other words, the TMDL program. The full memo can be read here, but highlights include: States and EPA have been developing this framework since August 2011; The framework “does […]
EPA Rules on Selenium Regulations
On November 15th, the Kentucky Division of Water received notice that the EPA approved part of the proposed water quality standards for selenium put forth in May 2013. The EPA approved Kentucky’s chronic water criteria and the practice of fish tissue sampling to determine compliance. However, Kentucky’s acute water criteria was rejected by the EPA, […]
EPA Rulemaking: Fast and Furious
With all of the buzz surrounding the release of the GHG NSPS Proposed Rule, several water-related pieces of EPA rulemaking have gotten lost. First, on September 4th, EPA released the long-awaited proposed rulemaking on Water Quality Standards. Next, on September 17th, EPA and the US Army Corps of Engineers finally sent to OMB a proposed rule […]
Retroactive Veto Upheld!
On Tuesday, April 23, 2013, the DC Circuit Court of Appeals upheld EPA’s power to retroactively veto a permit that was validly issued four years prior to EPA’s action. The court pointed out language in the Clean Water Act granting power to the EPA Administrator to deny or restrict use of any defined area “whenever […]
Settle or Go to Court?
The Wall Street Journal reported on February 19 that BP PLC has already committed almost $30 billion for spill cleanup, compensation and penalties derived from the 2010 Deepwater Horizon oil spill. On top of that, BP intends to resolve in court additional civil penalty claims under Section 311 of the Clean Water Act, rather than […]