Greenhouse Gas Emissions and Cap and Trade

On March 10, 2009, EPA proposed a sweeping regulation to “require reporting of greenhouse gas emissions.” EPA-HQ- 2008-0508, p. 1. The list of potentially affected industries is lengthy, encompassing “all sectors of the economy.” Id. The proposed rule would require reporting of annual emissions of carbon dioxide (CO2), methane (CH4), and several other ‘greenhouse gases’ (GHG). Id., at p. 19. EPA states that GHG from “human activities are … very likely influencing the earth’s climate.” Id., at p. 26. EPA estimated the compliance costs for the first year of reporting would be $168 million, with an annualized cost thereafter of $138 million. Id., at pp. 778-779. Continue reading “Greenhouse Gas Emissions and Cap and Trade” →

Construction Sites – EPA Proposes Tightened Storm Water Standards

Construction Sites – EPA Proposes Tightened Storm Water Standards

The EPA has been proposing tighter regulation of storm water discharges from construction sites. In the rule proposed on November 28, 2008, EPA establishes minimum requirements that will apply nationally. 73 Fed. Reg. 72562 – 72614 (Nov. 28, 2008).

All construction sites will be required to implement a range of erosion and sediment control best management practices (BMPs) to reduce pollutants in storm water discharges. Erosion controls are considered effective when bare soil is uniformly and evenly covered with vegetation or other suitable materials, storm water is controlled so that rills and gullies are not visible, sediment is not visible in runoff from these areas, and channels and streambanks are not eroding. Effective sediment controls include a variety of practices that are designed to remove sediment within the range of particle sizes expected to be present on the site. The proposed rule provides minimum standards that must be achieved through use of BMPs. Continue reading “Construction Sites – EPA Proposes Tightened Storm Water Standards” →

Recent Rules by Bush to be Rolled Back?

Recent Rules by Bush To Be Rolled-Back?

It was reported by the Associated Press on November 15, 2008 that the U.S. Congress may use the Congressional Review Act of 1996 to overturn federal regulations that have been recently issued by the Bush Administration. A spokesperson for Rep. Edward Markey (D – Mass) stated that Rep. Markey would consider repealing regulations he considers “egregious.’ Mentioned in the article are recent rules relating to global warming and greenhouse gases, rules easing hazardous waste restrictions, and rules relating to exemptions for water permits and oil refinery emissions. Continue reading “Recent Rules by Bush to be Rolled Back?” →

Revisions to the Definition of Solid Waste

Twenty-one years after the decision in American Mining Congress and five years after the proposal, EPA has issued a final rule revising the definition of solid waste. 73 Fed. Reg. 64668 (Oct. 30, 2008). The stated purpose of the revision is to respond to a series of court decisions that “provided EPA with additional direction regarding the proper formulation of the RCRA regulatory definition of solid waste” and to clarify the concept of ‘legitimate recycling.’

The statutory definition of solid waste encompasses “other discarded material.” The regulatory definition of solid waste builds on the statutory definition by explaining the circumstances in which a material is discarded: “A solid waste is any discarded material” and a “discarded material is any material which is,” among other things, reclaimed. 40 CFR 261.2(a). EPA made it clear that the “concept of “discard” is the central organizing idea behind the revisions.” Id., at p. 64675. According to the long-line of cases which provided the ‘additional direction’ mentioned above, EPA simply has no jurisdiction over materials that are not discarded. Continue reading “Revisions to the Definition of Solid Waste” →