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Arkansas Oil Marketers Association Hazardous Materials Training Class: September 5th - Russellville, Arkansas

The Arkansas Oil Marketers Association (“AOMA”) has scheduled a Hazardous Materials Training Class for September 5th. The class will be held in Russellville, Arkansas....more

State Storage Tank Funds: 2018 ASTSWMO 2018 Survey Results

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a document titled: State Funds Survey Results 2018 (“Survey”) ...more

Brine Injection/UIC: U.S. EPA Environmental Appeals Board Addresses Challenges to Class II Permit

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an August 8th Order challenges to an Underground Injection Control (“UIC”) Class II Permit (“Permit”) issued by the...more

RCRA/Citizen Suit Enforcement: Environmental Integrity Project Notice of Intent to Sue Phillips 66 Company/Los Angeles County,...

The Environmental Integrity Project and Environmental Advocates sent an August 7th Notice of Intent to Sue (“Notice”) to Phillips 66 Company (“Phillips”) alleging violations of the Resource Conservation and Recovery Act...more

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act...more

State of Washington Rail Transport Crude Oil Volatility Rules: U.S. Pipeline and Hazardous Materials Safety Administration Public...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a July 24th Public Notice and Invitation to Comment (“Notice”) addressing the states of North Dakota and Montana’s (“States”) request...more

U.S. Environmental Protection Agency Compliance Requirements for Sale of E15 Gasoline Blends: Mark Morgan (Petroleum Marketers...

Petroleum Marketers Association of America (“PMAA”) Regulatory Counsel Mark Morgan authored a June 28th Compliance Bulletin titled: EPA Compliance Requirements for Sale of E15 Gasoline Blends (“Bulletin”)...more

E15/ASTSWMO Tanks Subcommittee: Comments Addressing Proposed Increase of E15 (Ethanol)

The Tanks Subcommittee of the Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted April 25 comments to the United States Environmental Protection Agency (“EPA”) on the: Proposed Rule...more

Underground Injection Wells/Industrial Waste: Texas Appellate Court Addesses Challenge to Texas Commission of Environmental...

A Texas Appellate Court addressed in a May 22nd opinion issues associated with challenges to underground injection control permits. See Dyer, et al. v. Texas Commission on Environmental Quality, et al., 2019 WL...more

Air Enforcement: Alabama Department of Environmental Management and Elmore County, Alabama Bulk Gasoline Plant Enter into Consent...

The Alabama Department of Environmental Management (“ADEM”) and Turner Oil Company, Inc. (“Turner”) entered into an April 24th Consent Order (“CO”) addressing alleged air violations. Turner is stated to be the...more

Cargo Tank Marking/Placarding/Hazardous Materials Regulations: U.S. Pipeline and Hazardous Materials Safety Administration...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a February 7th letter a request for clarification of the Hazardous Materials Regulations (“HMR“) applicable to marketing and...more

Liquefied Natural Gas Export Facility: Oregon Department of Environmental Quality Denial of 401 Water Quality Certification

The Oregon Department of Environmental Quality (“ODEQ”) issued a May 6th denial of a Clean Water Act Section 401 Water Quality Certification for a proposed liquid natural gas export facility (“Facility”) in Coos Bay,...more

Challenge to UIC Class II Permit: April 29th U.S. EPA Environmental Appeals Board Decision

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an April 29th decision a challenge to an underground injection control (“UIC”) Class II Permit (“Permit”) that had...more

Hazardous Materials/Transportation: U.S. Pipeline and Hazardous Materials Safety Administration Addresses Overpacking Question

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) in a February 25th letter provided clarification of the Hazardous Materials Regulations (“HMR”) applicable to the shipment of hazardous...more

Solid and Hazardous Waste Judicial/Regulatory Developments (2018-2019): Arkansas Environmental Federation Presentation...

I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Order and Assessment Addressing Jackson, Tennessee...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 8 Order and Assessment (“Order”) to Sunrise Oil, LLC, (“Sunrise”) for alleged violations of certain underground storage tank regulations. See...more

Worst-Case Spill Regulations/Clean Water Act: Natural Resources Defense Council Law Suit Alleging U.S. Environmental Protection...

Three environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Southern District of New York against the United States Environmental...more

Arkansas Underground Storage Tank Contractor Licensing: Arkansas Department of Environmental Quality Canopy Article

Arkansas Department of Environmental Quality (“ADEQ”) staff authored an article in the March edition of the Arkansas Oil Marketers Association publication The Canopy. The article addresses a variety of issues associated...more

Underground Storage Tank Regulation: U.S. Environmental Protection Agency Issues March 2019 Compliance Advisory

The United States Environmental Protection Agency (“EPA”) Office of Land and Emergency Management issued an Underground Storage Tank (“UST”) Regulation Compliance Advisory (“Compliance Advisory”) addressing issues associated...more

Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition to Object to Commerce City, Colorado, Refinery

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more

92nd Arkansas General Assembly: Wholesale Motor Fuel Sales Tax/Electric Vehicle Fee Legislation Introduced

House Bill 1495 has been introduced which would levy a wholesale sales tax on motor fuel and distillate special fuel. The legislation would also impose fees on hybrid and electric motor vehicles....more

Used Oil/Aboveground Storage Tank Enforcement: Illinois Attorney General Action Against Delaware-Based Environmental Services Firm

The Illinois Attorney General (“AG”) announced in a February 14th news release that a lawsuit had been filed against Delaware-based GFL Environmental Services USA Inc. (“GFL”) in regards to an alleged 200,000 gallon leak of...more

Petroleum Marketing Practices Act: Federal District Court Addresses Branded Retailers Challenge to Franchise Termination

A United States District Court (Northern District California) (“Court”)addressed in a January 3rd Order a retail motor fuel franchisee’s request for a preliminary injunction against an oil company’s termination of its...more

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more

Self-Disclosure/Air Enforcement: Arkansas Department of Environmental Quality and Crittenden County, Arkansas, Petroleum...

The Arkansas Department of Environmental Quality (“ADEQ”) and Valero Partners West Memphis, LLC (“Valero”) entered into a January 29th Consent Administrative Order (“CAO”) to address an alleged air permit violation. See LIS...more

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