Hydraulic Fracturing Studied by EPA

Hydraulic fracturing is used to enhance the recovery of natural gas. Increasing the supply of domestic natural gas lowers energy prices, creates jobs, and generally helps the overall health of the economy. However, hydraulic fracturing, or fracking, has come under a great deal of criticism due to concerns about potential contamination of underground sources of drinking water (USDW).

In very simple terms, hydraulic fracturing involving pumping specially engineered fluids containing chemicals into a well to create and hold open fractures in the formation. These fractures increase the exposed surface area of the rock in the formation and, in turn, stimulate the flow of natural gas.

EPA does not yet regulate hydraulic fracturing. It has, however, conducted one study and is embarking on a second that could form the basis of national regulations. Continue reading “Hydraulic Fracturing Studied by EPA” →

Recent EPA Decisions Impacting Business Opportunities

The National Ambient Air Quality Standards (NAAQS) are air quality standards that are set for pollutants, such as ozone and sulfur dioxide (SO2), at levels necessary to protect the public from adverse effects from that pollutant. If an area exceeds the level, controls and restrictions are placed on emission sources within the area until the standard is achieved.

However, while these controls and restrictions may serve to reduce the level of pollutants over time, they also serve to make growth and expansion more expensive and difficult. A company seeking to construct or expand a facility in a non-attainment area generally must spend additional money to install the mandated air pollution control equipment. These added costs, along with additional permitting costs, may make the project too expensive. In turn, suppliers, contractors, and others who might be involved in the project do not realize that opportunity. Anyone doing business in the Houston or Baton Rouge areas know the limitations imposed by a failure to attain the NAAQS for ozone. Continue reading “Recent EPA Decisions Impacting Business Opportunities” →

Environmental Issues Facing Auto Dealers

Automotive dealerships face numerous challenges in the current economic climate.An ongoing challenge, in good times and bad, is ensuring that environmental liability and the associated costs are minimized as much as possible so that capital is are not needlessly expended.The risk of liability may be minimized by taking several pro-active steps.

Limiting Liability for Past Contamination

It should not come as a surprise that the owner of an automotive dealership will be held liable for spills and releases of spent solvents, used oil, gasoline, or other pollutants or contaminants into soil, surface water, or groundwater that occur when the owner is in control of the property.Compliance with the regulations and good housekeeping, discussed in greater detail below, may limit the risk of these spills or releases.Unfortunately, however, environmental practices or controls were not as stringent in the past as they are today.Spills and releases of pollutants that occurred many years ago continue to persist today in soil and groundwater at or under the property. Continue reading “Environmental Issues Facing Auto Dealers” →

Environmental Protection at Construction Sites

Both Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) seek, through regulation, to limit the pollutants that are discharged from construction sites. Some recent developments may impact your current or future operations at these types of sites.

Stormwater Management

EPA tightened its regulation of storm water discharges from construction sites. These regulations, formally called effluent limitations guidelines, or ELGs, are essentially more detailed and elaborate best management practices (BMPs) to be used during construction activities. By using these more stringent and detailed BMPs, EPA hopes to decrease the amount of pollutants, such as oil and grease or sediments, in the storm water that leaves a construction site. Continue reading “Environmental Protection at Construction Sites” →

Global Warming Pause’ Does Not Pause EPA’s Regulatory Efforts

The global warming (or ‘climate change’) debate has heated up in the last several months, creating what may prove to be a break in the so-called consensus that man-made factors are the primary cause of global warming. Although global warming may have ‘paused’ over the last fifteen years and other causes have been suggested for warming trends, these recently released inconvenient truths have not stopped EPA’s zeal for regulation. Continue reading “Global Warming Pause’ Does Not Pause EPA’s Regulatory Efforts” →

LDEQ Finalizes Several Rules in June

EPA recently published a draft guidance document entitled Best Management Practices for Unused Pharmaceuticals at Health Care Facilities, No. EPA-821-R-10-006, August 26, 2010. EPA requested comments from the health care industry regarding the proposed practices. 75 Fed. Reg. 54627 (Sept. 8, 2010). This is an opportunity for hospitals, medical clinics, doctor’s offices, and long-term care facilities to provide input to EPA on practices that may, at some point in the future, be made into regulatory requirements.

Unused pharmaceuticals include dispensed prescriptions that patients do not use as well as materials that are beyond their expiration dates. EPA identified several typical reasons why pharmaceuticals become wasted. These include expiration before use (because of excessive purchases or samples left with doctors expire before use), dispensed pharmaceuticals go unused (a dosage is changed, the patient refuses to take dispensed mediations, the patient dies or is transferred prior to taking all medications, the patient has an adverse reaction and the use of the dispensed medication is halted), or an error occurs in dispensing the medication. Continue reading “LDEQ Finalizes Several Rules in June” →

LDEQ Initiative Provides New E & P Waste Disposal Option

Oil and gas drilling activity produces many benefits for the state. However, it also produces waste materials that must be properly handled. Recently, LDEQ provided generators with what could become a cost-effective and environmentally protective disposal option.

Traditionally, the Louisiana Department of Natural Resources (LDNR) provided two options for the disposal of Nonhazardous Oilfield Waste (NOW), or Exploration and Production Waste (E&P Waste). Waste Type 2 (oil-based drilling wastes) and Waste Type 3 (water-based drilling wastes) are created during the drilling process. LDNR allows on-site disposal of these wastes, under certain strict conditions. However, if the criteria are not met, the E&P Wastes must be moved off-site to an LDNR-permitted commercial facility. Waste Type 16 (crude oil spill clean-up waste) can be generated both on-site and off-site due to leaks or spills from storage tanks, pipelines, transport vessels, or transfer procedures. Waste Type 15 is E&P Waste from a LDNR-permitted commercial facility. Continue reading “LDEQ Initiative Provides New E & P Waste Disposal Option” →

Clean Water Restoration Act, S. 787 and SPCC Rule Finalized, Again

Clean Water Restoration Act, S.787

This bill (S. 787) seeks to substantially expand the jurisdictional reach of the Clean Water Act, and that of the regulatory agencies administering the Act, by amending two key definitions. S. 787 will remove the definition of ‘navigable waters’ that has been included in the Act since its enactment and will replace it with a new, broadly defined statutory term, ‘waters of the United States.’ That term has been defined in EPA and Corps regulations for many years. However, the bill will provide a statutory definition of the ‘waters of the United States’ that expands the prior regulatory definition to include, among other things, “all interstate and intrastate waters and their tributaries” and “wetlands” “to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.” Note that the definition not only includes the actual waters, but ‘activities affecting these waters.’ Continue reading “Clean Water Restoration Act, S. 787 and SPCC Rule Finalized, Again” →

Environmental Justice Efforts Renewed

Environmental justice was touted by then-candidate Obama as central to his environmental platform. See Environmental Update, Dec. 12, 2008 (attached). Now, President Obama has required the EPA, acting through Administrator Lisa Jackson, to make environmental justice a ‘focus’ of the agency’s activities. Ms. Jackson stated that the agency should focus on “the poor and underserved” so that environmental issues “connect with people’s brain space on the things they deal with every day.” BNA, Vol. 40, No. 30, p. 1785, July 24, 2009. Continue reading “Environmental Justice Efforts Renewed” →

Arranger Liability Under CERCLA

The U.S. Supreme Court recently clarified ‘arranger’ liability under CERCLA in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S., May 2, 2009. This case has significance for any seller of an unused and useful product, such as pesticides, herbicides, solvents, or other chemicals, that may also be classified as a hazardous substance. The pertinent portion of the case focuses on Shell’s liability for its sale of a product, in this case, a pesticide, to a company where the pesticide was leaked and spilled onto the ground during transfers of the pesticide between the delivery trucks, tanks, and other equipment. Continue reading “Arranger Liability Under CERCLA” →