CAA

ABA SEER’s 50th Spring Conference on Environmental Law

April 27, 2021

The American Bar Association’s Section of Environmental, Energy, and Resources (SEER) is hosting its 50th Spring Conference virtually, April 27-30, 2021.

SCS Engineers is a Gold Sponsor of the conference, and SCS Senior Vice President of Environmental Services, Mike McLaughlin, PE, JD, is participating in the conference, which will consist of a series of webinars, networking events, expert insight panels, and more.

This virtual conference celebrates the past, examines the present, and challenges us to make the future better. This year’s conference will have a special focus on diversity, equity, and inclusion in the practice of law, and environmental justice issues.

All environmental, energy, and resources practitioners are invited to attend as the conference marks its 50th anniversary. Since 1971, the Spring Conference (once known informally as the Keystone Conference) has been a leading forum for the discussion of current issues in environmental, energy, and resources law.

Sponsorship opportunities are currently available at the Gold, Silver and 50th Anniversary Legal Leader levels.  For more information about sponsorship, contact Dana Jonusaitis.

Section members can earn up to 11 hours of CLE credit in 60-minute states—and 13.2 hours of CLE credit in 50-minute states. And, if you are unable to attend any sessions in real time, they can be viewed at a later date on demand.

Highlights of the conference include:

  • A plenary session on April 27 where experts will consider the current landscape for key rulemakings and discuss what steps the Biden Environmental Protection Agency is likely to take
  • A second plenary session will offer a primer on diversity, equity, and inclusion and environmental law.
  • A third plenary session will discuss the history of environmental justice to examine where the paths of traditional environmental law and environmental justice have diverged, current efforts to prioritize environmental justice, and practical opportunities for lawyers to contribute to solutions.
  • Panel discussions will consider environmental justice concerns and outcomes with respect to brownfields cleanups, electrification of the transportation sector, air quality violations at hazardous waste sites,
  • Answering the question: Where do the Clean Air Act and the Resource Conservation and Recovery Act meet?
  • Tribal resource management practices to better prepare for and address environmental crises like wildfires.
  • Environment, Social, and Governance (ESG) trends and legal developments.
  • The U.S. Supreme Court’s 2020 County of Maui decision, with an eye toward identifying who needs a permit for discharges to groundwater and in what circumstances.
  • A special event to honor the conference’s 50th Anniversary.

Click for more information and to register

 

 

 

Posted by Laura Dorn at 8:00 am

Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions Released

May 31, 2019

 

The Office of Information and Regulatory Affairs announced the release of the Agenda of Regulatory and Deregulatory Actions. The Agenda reports on the actions administrative agencies plan to issue in the near and long term.  Of note:

 

Municipal Solid Waste Landfill Liquids Management Regulations Under RCRA Subtitle D

 

The EPA published an Advance Notice of Proposed Rulemaking (ANPRM) regarding possible revisions to the Resource Conservation and Recovery Act (RCRA) Subtitle D part 258 regulations for municipal solid waste (MSW) landfills that may provide regulatory flexibility to encourage accelerated waste decomposition in the presence of water. In light of advances in landfill technology, the EPA is considering whether to revise part 258 to create new national standards for the management of liquids in “wet” landfills and bioreactor landfills, including the possibility of removing the prohibition on the addition of bulk liquids, to foster accelerated waste decomposition. Through the ANPRM, the EPA requested information and data on the performance of bioreactor landfills and wet landfills, including information on appropriate liquids management. In addition, the EPA requested comments on whether new national standards for bioreactor landfills and wet landfills are appropriate, and if so, what regulatory changes the EPA should consider in developing any proposal.

 

National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review  

 

This proposal address the agency’s residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Municipal Solid Waste (MSW) Landfills. The MSW Landfills NESHAP, subpart AAAA, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on January 16, 2003. The NESHAP established emission limitations based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) and helped implement the Urban Air Toxics Strategy developed under section 112(k) of the CAA. The HAP emitted by MSW landfills includes, but are not limited to, vinyl chloride, ethylbenzene, toluene, and benzene. This action implements the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after the promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. Pursuant to a court order, the EPA is obligated to complete the final action by March 13, 2020. In consideration of this deadline, which also applies to 19 other RTR source categories, we established an internal schedule for this RTR to be proposed and finalized prior to the consent decree deadline. The EPA currently plans to complete this action by July 2019.

 

Adopting Subpart Ba Requirements in Emission Guidelines for Municipal Solid Waste Landfills

 

The EPA finalized the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills on August 29, 2016 (81 FR 59276). The requirements for state and federal plans implementing the Municipal Solid Waste (MSW) Landfills Emission Guidelines are specified in subpart B – 40 CFR 60.20-60 (referred to as the implementing regulations), which is cross-referenced in the emission guidelines issued by the Agency.

In August 2018, the EPA proposed changes to the implementing regulations governing emission guidelines under a new 40 CFR part 60, subpart Ba. This action aligns the regulatory text in the MSW Landfills Emission Guidelines with a cross-reference to the new subpart Ba for the timing requirements of state and federal plans.

 

 

 

Posted by Diane Samuels at 2:03 pm