Author Archives: Laura M. Goldfarb

Workplace Drug Testing: What’s Reasonableness Got to Do With It?

On October 19, 2016, OSHA issued a letter of interpretation to clarify certain provisions 29 C.F.R. §§1904.35(b)(1)(i) and (iv) recently amended by the “Improve Tracking of Workplace Injuries and Illnesses” rule (hereinafter “the rule” or “OSHA’s rule”). OSHA’s rule requires employers to ensure “a reasonable procedure” for employees to report workplace injuries that does not… Read More »

US EPA Proposes Changes to 40 CFR 98 Subpart W

The United States Environmental Protection Agency (US EPA) proposes to change 40 CFR 98 subpart W ( Greenhouse Gas Reporting – Petroleum and Natural Gas Systems). See, 81 Fed. Reg. 4987 (January 29, 2016). Certain equipment and processes related to onshore natural gas process, onshore natural gas transmission compression, underground natural gas storage, LNG storage,… Read More »

Ohio Proposes Modification to Clean Water Act §401 Water Quality Certification

Ohio EPA proposed a modification to its Clean Water Act (CWA) §401 water quality certifications for Nationwide general permits (NWPs) on November 16, 2015. If finalized as proposed, longer lead times for CWA §404 permitting activities in high quality streams or undesignated streams that flow into high quality streams could result in project delays. Comments… Read More »

Clean Water Rule – Inconsistent Application

The final Clean Water Rule redefining “Waters of the United States” was scheduled to go into effect August 28, 2015.  There have been several suits challenging the rule filed since the rule was finalized.  Among those actions include a consolidate action before the 6th Circuit Court of Appeals in Ohio by Murray Energy Company and… Read More »

PA Court Declines to Aggregate Separate Compressor Stations

A Pennsylvania Court recently considered whether a genuine issue of material fact exists as to whether the air contamination sources are “adjacent”, thereby rendering a natural gas operators compressor facilities ineligible for GP-5 (minor source) air permits and requiring the natural gas operator to meet heightened (major source) air emission permitting requirements. See, Citizens for… Read More »

ORSANCO Notice of Public Hearing

The Ohio River Valley Water Sanitation Commission will hold a public hearing on April 14, 2015, in part to solicit comments on changing the prohibition of mixing zones for bioaccumulative chemicals of concern (BCCs), or in the alternative, eliminating it altogether. The hearing will be held at the Holiday Inn Cincinnati Airport, 1717 Airport Exchange… Read More »

MATS Corrections

EPA is proposing to correct certain text of the final MATS Rule officially titled “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.”  The December 19, 2014 Signature version, not yet published is… Read More »

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia

EPA designated all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS) by rule on December 18, 2014. This is significant for industry and business development in West Virginia because, air permitting requirements applicable to the construction of new major sources and major… Read More »

The U.S. Supreme Court Will Decide if EPA Should Consider Costs

On November 25, 2014, the Supreme Court granted certiorari to review the D.C. Circuit’s April 2014 decision, which held that United States Environmental Protection Agency (EPA) had the authority to issue the Mercury and Air Toxics Standards for power plants under the Clean Air Act (CAA) §112 without considering costs when determining if the rule… Read More »

EPA Amends CSAPR Compliance Dates and Allowance Allocations to Comply with Court Order

In response to the recent United States Court of Appeals for the District of Columbia Circuit’s (D.C. Circuit or Court) order, the United States Environmental Protection Agency (EPA) issued an interim final rule on November 21, 2014 (without prior notice or opportunity for public comment) to amend the Cross-State Air Pollution Rule (CSAPR) compliance deadlines… Read More »