Justice
A Message from our Executive Committee Chair, Tally Parham Casey: As South Carolina lawyers, we took an oath to “assist the defenseless or oppressed by ensuring that justice is available to all citizens….” We cannot tolerate the persistent violence against our African-American brothers and sisters. As friends, we cannot be silent. The injustice is antithetical…
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Is your business taking steps to reduce its COVID-19 liability?
Liability waivers are a well-known staple in the business world. These waivers are written contracts, or provisions inserted into service agreements, in which you, the business owner, put your customers or clients on notice of the risks of participating in whatever activity – or accepting whatever services – your business provides. You’ve signed one of…
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Eviction Moratorium
Per Chief Justice Beatty’s April 30, 2020 Order, all evictions currently ordered and scheduled statewide in South Carolina will resume May 15, 2020. The magistrate courts will also begin accepting new evictions at that time. However, in a follow-up May 6, 2020 Order, Chief Justice Beatty clarified any party pursuing an eviction in South Carolina…
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SC Lowcountry Boundaries Moved as Part of Statewide Project
Lowcountry residents likely didn’t notice, but Jasper County, South Carolina recently grew a bit, while neighboring Beaufort County shrank. On February 7, Governor Henry McMaster signed S.C. Act 130, effective immediately, to adjust the boundary lines between the two Counties as agreed between them. In all, Jasper County has annexed 22.34 acres from Beaufort County…
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SC Manufacturer Liability Protection Act Limits Nuisance Actions Against Manufacturing Facilities
On February 8, 2018, the SC General Assembly passed A132, R136, H3653, the Manufacturer Liability Protection Act, legislation that limits the ability of residents near manufacturing facilities to claim that the facility is creating a nuisance as long as the facility is following the law and has current permits. Under the law, a manufacturing facility…
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DHEC Issues Emergency Orders in Advance of Hurricane Irma
The South Carolina Department of Health and Environmental Control’s (DHEC) Office of Ocean and Coastal Resource Management has implemented its emergency operations plan in preparation for Hurricane Irma. DHEC issued emergency orders to local governments to allow beachfront property owners to conduct minor renourishment, sand scraping or sandbag installation to provide temporary protection. These emergency…
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President Trump Orders Review of National Monuments
If you’re planning a family vacation to tour the most recently designated national monuments, you might want to expedite that trip. On Wednesday, President Trump signed an Executive Order instructing Interior Secretary Ryan Zinke to review any national monument created since January 1, 1996, that spans at least 100,000 acres, or “where the Secretary determines…
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Trump Directs Review of EPA’s Waters of the US Rule
On Tuesday, President Trump fulfilled a campaign promise to reduce and scrutinize environmental regulations and signed an executive order directing the US Environmental Protection Agency and the US Army Corps of Engineers to review the Waters of the United States (WOTUS) Rule, a key Obama Administration regulation intended to more clearly define which waterbodies fall within the jurisdiction…
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Stream Protection Rule Repealed
Acting under the authority of the little-known Congressional Review Act, which allows Congress to overturn rules passed in the previous 60 working days, yesterday President Trump signed legislation repealing the Office of Surface Mining’s Stream Protection Rule, a key Obama administration regulation aimed at protecting waterways from coal mining waste. The regulation stated that coal…
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General Assembly to Consider Reauthorization of State Conservation Bank
Reauthorization of the State Conservation Bank is before the General Assembly this year, with the current authorization set to expire in 2018. Since its founding in 2002, the State Conservation Bank has been the vehicle for protection of some 290,000 acres in South Carolina, including wetlands, forests, farmland, and historic sites. The Bank funds both…
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Trump Taps Oklahoma AG to Lead EPA
President-elect Trump announced today that he will nominate Oklahoma Attorney General Scott Pruitt to lead the Environmental Protection Agency. As Oklahoma’s AG, Mr. Pruitt has been a frequent opponent of EPA initiatives, joining Oklahoma in a lawsuit with numerous other states challenging the Administration’s Clean Power Plan. Widely regarded as an ally of the energy…
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Possible Trump Picks for EPA Administrator
As President-Elect Trump slowly selects members of his cabinet, speculation mounts on his likely candidates for EPA Administrator. According to some media sources, the short list includes the following: Myron Ebell: Mr. Ebell is leading Trump’s EPA transition team. He is the Director of the Center of Energy and Environment at the Competitive Enterprise Institute,…
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EPA Releases Environmental Justice Plan
It feels great to be back in action in the blogosphere. (Forgive our absence; we were migrating servers.) The US Environmental Protection Agency is also back in action in the environmental justice arena. As background, environmental justice is defined as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin,…
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Administration Rolls Out Final Emissions Standards for Big Trucks
EPA and the U.S. Department of Transportation finalized new emission and fuel efficiency standards yeterday for “medium- and heavy-duty vehicles.” These categories include not only 18-wheelers but also buses, vans, and large pickup trucks among others. According to EPA, the vehicles covered account for only 5% of road traffic but 20% of emissions and fuel…
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EPA Finalizes Formaldehyde Rule Regulating Composite Wood Flooring and Furniture
When I hear the word formaldehyde, my mind drifts back to the specimens preserved in my middle school biology classroom. But last week I was reminded that formaldehyde is used in many other applications, including in adhesives in composite wood flooring and furniture. You might be wondering why an environmental law blog is concerned with…
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EPA Makes It Easier for Citizens to Report Environmental Violations
The US Environmental Protection Agency’s Office of Enforcement and Compliance Assurance has made it easier for citizens to report environmental violations. It has established a website for reporting suspected environmental violations. With a few strokes on the keyboard, users can submit information about a suspected violation (such as the suspected violator’s name and location and…
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Trader Joe’s Settles Clean Air Act Violations
It’s impossible to imagine that anyone could ever dislike Trader Joe’s. After all, it is the go-to source for such pantry necessities as cookie butter. But the US Environmental Protection Agency was less than impressed with the company’s failure to (a) repair leaks of the ozone-depleting coolant R-22, which the company’s stores use to…
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TSCA Reform: Congress Passes First Major Environmental Legislation in More Than 25 Years
The Toxic Substances Control Act of 1976 (TSCA) is being reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. TSCA regulates the manufacture, transportation, sale and use of thousands of chemicals, so this is big news for anyone who makes and/or uses chemicals, which is all of us. TSCA 2.0 is…
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SCOTUS Addresses WOTUS
The Supreme Court of the United States (SCOTUS) has ruled that property owners have a right to immediate judicial review of jurisdictional wetlands determinations made by the U.S. Army Corps of Engineers. On May 31, 2016, SCOTUS issued an 8-0 opinion in U.S. Army Corps of Engineers v. Hawkes Company. The Corps had determined that Hawkes…
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Methane Emissions Rule Finalized
Methane emissions from oil and gas wells are the latest target of the Obama administration’s plan to combat climate change. A final rule on these emissions was issued yesterday, and it will require oil and gas companies to curb emissions from new, modified and reconstructed wells and storage tanks but not older wells and tanks.…
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Beach Monitoring Season Begins May 1
Warmer weather has come to South Carolina, but don’t confine your preparations for your next beach vacation to gym time, finding the right bathing suit, and stocking up on suntan lotion. Make sure the water you will be enjoying is healthy for swimming by checking out DHEC’s nifty South Carolina Beach Access Guide. The beach…
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Celebrate Earth Day
Happy Earth Day! Time to don your recycled party hats and celebrate. Today more than 150 world leaders will meet at the United Nations Headquarters in New York to sign the Paris Agreement, a landmark commitment to reduce greenhouse gas emissions. For its part, the United States has pledged to reduce greenhouse gas emissions in 2025…
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SC House Wants to Bag the Bag Bans
Several communities in South Carolina, including Isle of Palms, have banned single-use plastic bags and other containers or are considering such bans, because of the containers’ adverse impacts on the environment, particularly marine and wildlife. The SC House wants these communities (and any others out there considering similar bans) to bag the bag bans and…
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EPA Announces Safer Choice Label for Cleaning Products
While the US Environmental Protection Agency (EPA) cannot help you make good choices in every aspect of your life (like whether enjoying all those Friday morning donuts at the office was truly a good idea), it has released its “Safer Choice” label to help you make safer choices when purchasing cleaning products. If a product…
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Glass Recycling Ends in Upstate South Carolina
The glass (recycling industry) is not half full these days. Upstate South Carolina citizens will no longer be able to recycle household glass because there are no remaining materials recovery facilities (known as MRFs in the waste management industry) to accept the glass. Upstate Forever has prepared a detailed summary of why glass recycling has…
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Atlantic Coast Removed from Offshore Drilling Plan
The federal government did an “about-face” today, reversing a 2015 proposal to open up stretches of the Atlantic Ocean, including the continental shelf off the coast of South Carolina, for offshore oil drilling as soon as 2021. We previously blogged about the proposal last year, noting that numerous environmental groups as well as local governments…
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EPA Releases Drinking Water Mapping Tool
If the drinking water issues in Flint, Michigan have you thinking twice about enjoying a refreshing glass of water from your tap, consider using the US Environmental Protection Agency’s Drinking Water Mapping Application to Protect Source Waters, known as DWMAPS. This online mapping tool offers the public, water system operators, and state and federal agencies…
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SCOTUS Halts Clean Power Plan
A divided US Supreme Court yesterday halted implementation of the Obama administration’s Clean Power Plan. We have previously blogged about the Clean Power Plan on numerous other occasions—so you may know all you wish to know about it for now—but it represents the federal government’s most aggressive action yet to combat climate change. Under the…
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EPA Seeks Faith Community’s Assistance to Reduce Food Waste
More food waste is sent to landfills and incinerators than any other waste, including plastics and metals combined. In 2013, 37 million tons of food waste were generated and thrown into landfills or incinerators. In addition to the volume it takes, food in landfills emits methane. To help reduce food waste, EPA has joined Miriam’s…
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Latest Toxics Release Inventory Issued
Industrial facilities can give themselves a pat on the back. According to the US Environmental Protection Agency’s recently released 2014 Toxics Release Inventory (TRI), only 16% of the 25 billion pounds of toxic chemical waste managed at the country’s industrial facilities was released to the air or water or placed in some type of land…
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Say Goodbye to Microbeads
While many of you were taking down your holiday lights, President Obama signed into law the Microbead-Free Waters Act of 2015 (catchy title, right?). Just when we thought Congressional members could agree on nothing, the ban on microbeads sailed through both the House and Senate with relative ease. Why? Probably because microbeads, plastics used as…
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The Top 3 Environmental News Stories of the Month
Running out of topics to impress your friends and family with at holiday gatherings? Consider incorporating some of the latest and greatest news stories from the world of environmental law. Paris Climate Change Deal Reached: Leaders from nearly 200 countries around the world inked a landmark climate change deal in Paris, committing to reduce greenhouse…
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EPA Launches eDisclosure Portal for Self-Disclosure of Environmental Violations
The US Environmental Protection Agency (EPA) has launched its new eDisclosure Portal, which will modernize the implementation of the agency’s self-disclosure policies. Through its Audit Policy and Small Business Compliance Policy, EPA has long encouraged businesses to self-disclose civil environmental violations, offering penalty mitigation and other incentives for companies that discover, promptly disclose and expeditiously…
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Greenville Selected for Inaugural Envision America Smart Cities Initiative
Envision America, a White House initiative aimed at developing “smart cities” to address climate change and improve city services and energy efficiency through technology and project planning, has selected Greenville, SC as one of its first ten cities to participate in the inaugural program. Greenville joins Cambridge, MA, Dallas, TX, Los Angeles, CA, Milwaukee, WI,…
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SC Dam Assessment Complete
As we explained in our October 19 blog, DHEC has undertaken an assessment of all Class One and Class Two dams in South Carolina in the wake of the record rainfall and flooding during October. That assessment is now complete, and DHEC has issued emergency orders requiring the repair of some 75 dams statewide. In…
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Lawsuits Follow Finalization of Clean Power Plan
On Friday of last week, EPA’s Final Clean Power Plan was published in the Federal Register, starting the clock for legal challenges to the Plan to be filed. We have previously blogged about the Clean Power Plan in August 2015 and June 2014, but the rule became final only this past week. As we have explained…
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Federal Appeals Court Issues Nationwide Stay of EPA’s “Waters of the United States” Rule
The Sixth Circuit Court of Appeals has issued a nationwide stay of the US Environmental Protection Agency’s “Waters of the United States” Rule, which was issued in May and intended to clarify the scope of the Clean Water Act. The Rule has been subject to numerous challenges throughout the country and, prior to the Sixth Circuit’s stay,…
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DHEC Issues Emergency Orders on Dams
On Friday, October 16, DHEC announced that it was issuing emergency orders requiring remedial actions at some 63 dams statewide. This decision follows the record flooding in South Carolina in early October, during which some 36 dams failed. Most of the dams subject to the emergency orders are in the Midlands, which saw some of…
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Corps Institutes Emergency Permitting Procedures
The US Army Corps of Engineers, Charleston District (Corps), which has jurisdiction over South Carolina projects, has initiated emergency permitting procedures in response to conditions resulting from erosion and storm damage caused by Hurricane Joaquin. Some activities may proceed under Nationwide Permit #3, which authorizes the repair, rehabilitation, or replacement of structures or fills destroyed or…
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Final Revisions to Agricultural Worker Protection Standard
EPA has rolled out a final rule revising the 1992 Agricultural Worker Protection Standard (WPS). As we explained in our blog post about the draft rule in February 2014, the WPS protects the nation’s 2 million farm workers from risks that accompany the use of pesticides. Changes in the final rule include annual mandatory training for…
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EPA Announces New Ozone Standard
On Thursday, October 1 EPA announced a final rule setting a new standard for ground level ozone. The new limit of 70 parts per billion is significantly lower than the current level of 75 parts per billion but not as low as the draft rule EPA initially proposed in late 2014 of between 65 to 70…
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EPA Issues Final Rule on Clean Water Act Electronic Reporting
The US Environmental Protection Agency (EPA) has finalized its rule requiring Clean Water Act National Pollutant Discharge Elimination System (NPDES) users to electronically report data. States will have time to transition from paper reporting to electronic reporting. Most facilities subject to effluent monitoring requirements will be required to begin submitting data electronically one year following the…
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SC Supreme Court Opens Door to “Stigma Damages”
In a surprising 3-2 decision, the South Carolina Supreme Court ruled that environmental plaintiffs whose property is not contaminated may nevertheless be able to recover “stigma damages,” which include decreased property values resulting from negative perceptions associated with property that is contaminated or near contaminated property. In Chestnut v. AVX Corporation (Aug. 5, 2015), the…
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President Obama Announces Clean Energy Initiatives
On Monday, August 24th, President Obama announced a slate of executive actions and private sector commitments related to renewable energy, focused on both industry and consumers. The incentives are part of the White House’s continued emphasis on mitigating climate change impacts. Under the new incentives: Homeowners can more easily adopt renewable energy technologies by paying…
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New Leadership at Upstate Forever
Upstate Forever, one of South Carolina’s leading environmental and conservation organizations, announced last week that Andrea Cooper has been selected as its new executive director. Cooper will fill the considerable shoes of Brad Wyche, who left Wyche PA in 1998 to found Upstate Forever and has served as its executive director since that time. Cooper…
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City of Greenville Announces Expanded Recycling Program
The City of Greenville has received a $125,000 grant from The Recycling Partnership, a national recycling nonprofit, to assist with the City’s efforts to convert its current recycling collection system to an automated system. The grant funds will be used to purchase new 96-gallon recycling rolling carts and to educate city residents about the new…
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Administration Announces New Clean Power Plan
This week President Obama and EPA Administrator Gina McCarthy rolled out a long-awaited new rule addressing carbon emission standards for U.S. power plants. The new rule requires a 32% reduction in carbon emissions by 2030 from levels in 2005—a target actually more ambitious than the rule EPA first proposed last year, which we discussed on…
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What is Seismic Surveying and is it Happening in South Carolina?
Seismic surveying is the mapping of the ocean floor to conduct oil and gas exploration, evaluate seafloor conditions for renewable energy installations, and analyze marine mineral deposits. (If you want to know more about seismic testing, the US Geological Survey has provided an overview here.) In 2008, a federal moratorium on oil and gas development…
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Twenty-Seven States, Including South Carolina, Initiate Challenges to EPA’s Clean Water Rule
EPA’s Clean Water Rule, which defines “waters of the United States” that fall within Clean Water Act jurisdiction, was published in the Federal Register on June 29 and already faces numerous tests. Twenty-seven states, including South Carolina, have initiated challenges to the Rule. As of July 1, the roster of challengers includes: Texas, Mississippi and Louisiana…
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Supreme Court Rules That EPA Did Not Properly Consider Costs in Regulating Mercury Emissions
In a 5-4 decision issued today and authored by Justice Antonin Scalia, the US Supreme Court held that the US Environmental Protection Agency (EPA) did not properly consider costs that power plants would have to bear under the agency’s new regulations of mercury emissions. The case, Michigan v. EPA, combined with companion cases Utility Air…
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EPA Releases Technical Guides Regarding Vapor Intrusion Assessment and Mitigation
Last week, the US Environmental Protection Agency (EPA) released two technical guides related to vapor intrusion assessment and mitigation activities: The Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air, which applies to sites being evaluated under federal land cleanup statutes; and A companion document, the Technical Guide…
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EPA Announces 1 Million in Grants for Brownfield Sites in SC
In late May EPA announced that three recipients in South Carolina will receive grants totaling 1 million dollars for the cleanup of brownfield sites for the cleanup and redevelopment of brownfield sites. This year’s recipients are all in the Upstate, with the City of Greenwood receiving $200,000, the Pelzer Heritage Commission $400,000, and the City of Saluda…
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S.C. Senate Approves Heigel to Lead DHEC
The S.C. Senate voted to confirm Catherine Heigel as the next director of DHEC. She will assume her new position immediately. The agency announced this news in a press release, which you can read here.
Final Clean Water Rule Issued
On Wednesday, the US Environmental Protection Agency and the US Army Corps of Engineers issued the final Clean Water Rule defining “waters of the United States” subject to regulation under the Clean Water Act. The final rule comes more than a year after the agencies published a proposed rule, which resulted in approximately 400 public…
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Bank of America Issues $600 Million Green Bond
On May 14, 2015, Bank of America issued a $600 million green bond to fund renewable energy and energy efficiency projects. In a statement issued by the bank, its chief operating officer Thomas Montag stated, “We believe green bonds will play an important role in closing the financing gap for renewable energy, energy efficiency and…
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Agricultural Producers Beware: Dairy Owner Sentenced to Home Detention and Ordered to Pay Penalties for Cattle Wastes Discharged into French Broad River
On April 30, 2015, the owner of one of North Carolina’s largest dairy farms, William Franklin Johnston, was sentenced to four years probation, six months of which must be spent in home detention, and has been ordered to pay a $15,000 fine, for his role in discharging cattle feces into the French Broad River in…
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DHEC Names Choice for New Director
The Board of the SC Department of Health and Environmental Control has named Catherine Heigel of Greenville as its choice to head the agency for the next four years. Heigel, who currently works as an attorney with Elliott Davis Decosimo in Greenville, served as president of Duke Energy South Carolina from 2010 to 2012 and…
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EPA Releases 20th Annual Greenhouse Gas Inventory
Earlier this week, the U.S. Environmental Protection Agency (EPA) released its 20th Annual Inventory of U.S. Greenhouse Gas Emissions for the 2013 calendar year. The inventory reveals a 2% increase in greenhouse gas emissions in 2013 from 2012 levels, attributed to increased energy consumption and coal use. Greenhouse gas emissions totaled 6,673 metric tons of…
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New Air Quality Standards for Ozone Could Hamper Upstate SC Economic Development
Upstate Employers Network recent featured Wyche Environmental Attorney Rita Barker as a guest blogger. The featured article can be found below. Under the Clean Air Act, the United States Environmental Protection Agency (EPA) establishes and reviews National Ambient Air Quality Standards, known as NAAQS. NAAQS are nationwide air quality goals designed to protect public health…
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Public Comment Period to Close March 30 on Plan for Offshore Oil Development
In late January 2015 the Department of the Interior took a tentative step toward allowing oil drilling off the coast of South Carolina and several other Southeastern states. The Department’s Bureau of Ocean Energy Management released a Draft Proposed Program (DPP) for 2017-2022 and for the first time has proposed opening areas off the South…
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After DHEC Director Nominee’s Withdrawal, Agency Conducts Search for New Director
Welcome back! We were on blogging hiatus while our new website was constructed. We hope you enjoy connecting with us on the redesigned website and blog. Now, back to environmental news… As we reported several weeks ago, the South Carolina Department of Health and Environmental Control (DHEC) Board nominated Eleanor Kitzman as the agency’s new…
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A Founder. A Friend. A Legacy.
Tommy Wyche’s visionary leadership shaped Wyche into a unique law firm where like-minded attorneys could build a meaningful practice in a community that they love. Tommy brought that same innovative spirit to help transform Greenville and conserve the Upstate’s natural beauty. It is with heavy hearts that we say farewell to our beloved founder and…
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DHEC Board Names Eleanor Kitzman as New Director
Following Catherine Templeton’s resignation as Director of the South Carolina Department of Health and Environmental Control (DHEC), the DHEC Board has named Eleanor Kitzman to the post. Kitzman formerly served as the state’s Insurance Commissioner from 2005 to 2007 and most recently worked as an executive for Starr Insurance Holdings in New York. The appointment…
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DHEC Director Catherine Templeton Resigns
Catherine Templeton, the director of the South Carolina Department of Health and Environmental Control (DHEC), announced her resignation from the agency, effective January 12, 2015. Templeton stated: “When Governor Haley pulled me from the private sector, I promised her four years of public service and I have fulfilled my commitment. I’m looking forward to serving…
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EPA Releases Strategic Plan for 2014-2018
The Environmental Protection Agency has released for public comment a draft strategic plan for the agency’s next four years. The Draft FY 2014-2018 EPA Strategic Plan (the “Plan”) is used to support implementation of EPA’s priorities and as a management tool by senior EPA leadership. The Plan is organized around five strategic goals: (1) Addressing…
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SC Supreme Court Rules Against Proposed Kiawah Island Bulkhead
On December 10, 2014, the South Carolina Supreme Court ruled in a 3-2 decision that a developer could not construct a proposed bulkhead and revetment at Captain Sam’s Spit on Kiawah Island. The developer asserted that the bulkhead was needed to stop erosion to facilitate development of the spit. When the developer submitted its original…
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New Leadership at Office of Ocean and Coastal Resource Management
DHEC Director Catherine Templeton has announced the hiring of Sara Pendarvis Bazemore to head the agency’s Office of Ocean and Coastal Resource Management (OCRM). A native of Charleston and 2005 graduate of USC law school, Bazemore has prior experience both in private practice and with DHEC as an attorney for its air division. OCRM oversees…
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EPA Releases Action Plan for RE-Powering America’s Land Initiative
Beginning in 2008, EPA’s RE-Powering America’s Lands Initiative has worked to promote renewable energy development on current and formerly contaminated lands, landfills and mine sites. The Initiative’s Action Plan 2.0 was released in October, with the following goals being set for the next two years: (1) provide technical and programmatic assistance; (2) promote policies and…
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Modifications Proposed to Standards for Wastewater Facility Construction
In late September DHEC proposed changes to Regulation 61-67, which sets the standards for wastewater facility construction. Among the proposed amendments is a 25% reduction in the unit loading flows used to calculate headworks loading. According to DHEC, this reduction is “based on the knowledge of water savings fixtures and improved designs of sewer collection…
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EPA Announces Historic Greenhouse Gas Enforcement Case
On November 3, the US Environmental Protection Agency (EPA) and the US Department of Justice announced a significant settlement with Hyundai and Kia, automakers facing allegations of inaccurate testing and certification of vehicles sold in America. According to EPA, nearly 1.2 million vehicles sold by the automakers will emit approximately 4.75 million metric tons more…
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EPA Changes All Appropriate Inquiries Standard: 2005 ASTM Standard No Longer Sufficient
On October 6, 2014, the US Environmental Protection Agency (EPA) finalized an amendment to its All Appropriate Inquiries (AAI) rule, stating that ASTM E-1527-05, the due diligence standard issued in 2005, is no longer adequate to establish landowner and lender liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a statute that imposes…
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EPA Releases Latest Greenhouse Gas Emissions Data
Earlier this week, the US Environmental Protection Agency (EPA) released its annual Greenhouse Gas Reporting Program data for 2013 emissions. From approximately 8,000 sources that represent 50% of the nation’s total emissions, 3.18 billion metric tons of carbon dioxide equivalent were reported, which constitutes an increase of 20 million metric tons from the previous year,…
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EPA Extends Comment Period for its Clean Power Plan Proposal
Earlier this week, the US Environmental Protection Agency (EPA) announced that it will extend the comment period for its most recent regulatory effort to cut carbon pollution from existing power plants, the Clean Power Plan proposal. The proposal aims to cut carbon emissions by 30 percent below 2005 levels. Stakeholders now have until December 1,…
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S.C. Water Resources Conference Coming in October
Registration has opened for the 2014 South Carolina Water Resources Conference, which will be held in Columbia on October 15-16. A biennial event, the Conference is coordinated by Clemson University’s Institute of Computational Ecology and the Center for Watershed Excellence. The Conference is designed “to provide an integrated forum for discussion of water policies, research…
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SC Criminal Prosecutions Continue for Environmental Violations
The United States Attorney’s Office for the District of South Carolina continues to pursue criminal prosecutions for violations of environmental protection laws. On August 21 an Anderson County man, Scott Farmer, was sentenced to three years in federal prison for violations of various air pollution laws. Farmer was involved in demolishing a former Anderson textile…
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EPA Warns of Paint-Stripping Products
On August 28, 2014, the United States Environmental Protection Agency (“EPA”) released a final risk assessment for Dichloromethane (DCM), which is widely used in common household paint-stripping products. The risk assessment indicated DCM poses human health risks to workers and consumers who use products containing this chemical, as well as to bystanders. EPA estimates that…
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South Carolina Legislative Roundup: 2014
The South Carolina Generally Assembly ended its 2014 term in early June, having considered a number of proposed bills with environmental implications. In a March 27th blog post, we summarized several key environmental bills then before the House and Senate. Now that the 2014 term has come to a close, the fate of many of…
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SCDHEC Seeks Input on New General Mining Permit
The South Carolina Department of Health and Environmental Control (“SCDHEC”) is holding a public hearing and seeking comments on a proposed new Mining General Permit – GP1. This General Permit covers mines of only topsoil or sand/clay that are not located in wetlands or other sensitive environmental or historic areas, that are five acres and…
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In Light of Widespread PCB Contamination, ReWa Establishes a General Permit Program for Food Service Establishments
In light of the discovery of PCBs in waste streams throughout SC, including at ReWa, ReWa has announced a permitting program for Food Service Establishments. Most of the approximately 1,350 Food Service Establishments in ReWa’s service area will be covered under the General Permit. The General Permit features a unique condition requiring that each Food…
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US Department of Energy Assists Alternative Fuel Vehicle Drivers with Its Fueling Station Locator
If you own an alternative fuel vehicle or are considering purchasing one, the US Department of Energy’s Alternative Fueling Station Locator can make your life easier. Users type in their locations, and the website locates local fueling stations. For users planning trips, the website locates fueling stations along travel routes. The service is also available…
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Supreme Court Sends Mixed Message to EPA on the Agency’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources
On June 23, 2014, the US Supreme Court issued an important environmental decision, Utility Air Regulatory Group v. EPA, No. 12-1146 (L), which restricts the authority of the Environmental Protection Agency (EPA) to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V permitting…
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2014 South Carolina Clean Energy Summit Approaching
The Columbia Metropolitan Convention Center will play host to the 2014 South Carolina Clean Energy Summit on July 9, 2014. The Summit will feature “high level moderated sessions” on clean energy topics including policy development, economic development, and emerging technologies. This past week, Mike Switzer, host of South Carolina Educational Radio’s daily broadcast the South…
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Supreme Court Agrees that CERCLA Does Not Preempt State Statute of Repose
On June 9 the U.S. Supreme Court issued an opinion in CTS Corp. v. Waldburger, a case we first blogged about last July (and noted in January that the Supreme Court would be reviewing). The case dealt with the issue of federal preemption, a legal principle under which a federal law invalidates a conflicting state law.…
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EPA Proposes Carbon Limits for Existing Power Plants
Last week, the US Environmental Protection Agency (EPA) released its Clean Power Plan proposal, aimed at cutting carbon pollution from existing power plants. According to EPA, power plants contribute a third of all domestic greenhouse gas emissions in the United States. These plants’ emissions for arsenic, mercury, sulfur dioxide, nitrogen oxide and particulate matter are…
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SC Bill to Expedite Environmental Permit Appeals Fails to Progress
Despite support by the South Carolina Chamber of Commerce, a bill to expedite environmental permit appeals, H 3827, failed to pass the South Carolina General Assembly this session. Bill H 3837 would have amended the current law, which mandates that the South Carolina Board of Health and Environmental Control (the “Board”) be given at least…
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EPA Awards $1.5 Million in Brownfields Grants to South Carolina Communities
The Environmental Protection Agency (EPA) announced on May 28 that it was awarding $1.5 million in brownfields grants to assist South Carolina communities with the cleanup and redevelopment of brownfield properties. As we have previously discussed on this blog, brownfields are urban properties formerly used for commercial or industrial purposes that may contain contamination and…
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EPA Issues Reminder about Regulations Addressing Releases in Emergency Shutdowns
With hurricane season rapidly approaching, EPA has taken the opportunity to remind owners and operators of industrial facilities of laws and regulations that address chemical releases during shutdowns. “Unlike some natural disasters,” EPA explains, “the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility.” High winds,…
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South Carolina Contractor Convicted for Clean Air Act Violations Arising from Improper Asbestos Removal
Last week, the United States Attorney for South Carolina announced that a contractor who ran CoolCote, a Myrtle Beach-based construction and renovation company, was sentenced to six months in prison, six months house arrest, three years supervised release and a $10,000 fine for Clean Air Act violations. The criminal conviction arises from the contractor’s involvement…
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Upcoming “Lean and Green Manufacturing Workshop”
EPA Region 4 and the South Carolina Manufacturing Extension Partnership (SCMEP) are teaming up in May and June to offer a two-day “Lean and Green Manufacturing Workshop.” The workshop will provide “E3 (Economy, Energy, Environment) Onsite Training to implement Lean/Clean/Energy improvements” across an organization’s operations. More specifically, the workshop will help participants “measure and identify…
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SCDHEC Issues Daily Ozone Forecasts
Beginning this month, the South Carolina Department of Health and Environmental Control (“DHEC”) is issuing daily forecasts for ground-level ozone. DHEC hopes the information will lead residents to “adjust their daily transportation habits by carpooling, reducing idling time, driving less, and using outdoor equipment in the evenings,” especially during peak ozone periods. DHEC also intends…
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Proposed EPA Rule Could Expand Protection of SC Wetlands
EPA and the Army Corps of Engineers announced a proposed rule on March 25, 2014, addressing the scope of the Clean Water Act, specifically the Act’s key definition of the term “waters of the United States.” The proposed rule will make clear that the protections of the Act apply to most seasonal and rain-dependent rivers…
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EPA Proposes Changes to Agricultural Worker Protection Standard
Last revised in 1992, EPA’s Agricultural Worker Protection Standard (WPS) is intended to protect the nation’s 2 million agricultural workers from risks that accompany the use of pesticides. EPA has recently rolled out for public comment a proposed set of changes to the WPS. These changes will require, among other things, the expansion of mandatory…
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EPA Annual Report Shows Downward Trend in Enforcement Actions
Earlier this month the Environmental Protection Agency (EPA) released its annual report on enforcement and compliance actions. The report chronicles fiscal year 2013 and highlights the $5.6 billion in fines, restitution, civil penalties, and court-ordered projects EPA collected through civil and criminal actions. This figure includes the $3.7 billion EPA collected as a result of…
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EPA Issues Final Rule Authorizing the Use of Electronic Manifests for Hazardous Wastes
Earlier this month, the US Environmental Protection Agency (EPA) issued a final rule authorizing the use of electronic manifests to track the off-site shipment of hazardous wastes under the Resource Conservation and Recovery Act. The rule will streamline the current process, which requires paper manifests, resulting in an estimated savings of 300,000 to 700,000 hours…
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EPA Proposes Carbon Standards for New Coal and Natural Gas Power Plants
The Environmental Protection Agency has released for public comment a proposed set of standards designed to reduce carbon emissions at new coal and natural gas-fired power plants. The origin of these standards can be traced back to 2009, when EPA first determined, pursuant to its authority under the Clean Air Act, that six greenhouse gases,…
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SC DHEC Pursuing RFP for Statewide Water Assessment
On January 17, 2014, the South Carolina Department of Health and Environmental Control (SCDHEC) and the South Carolina Department of Natural Resources (SCDNR) announced they were pursuing a Request for Proposal (RFP) for environmental contractors to bid on a statewide water assessment project. Catherine Templeton, Director of SCDHEC, stated the agencies seek “a true and complete…
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UPDATE: Supreme Court to Review Fourth Circuit CERCLA Decision
The U.S. Supreme Court has announced it will review a Fourth Circuit decision holding that a provision of CERCLA preempts a North Carolina statute of repose. As we first reported in July, the Fourth Circuit reasoned that 42 U.S.C. Section 9658, which expressly preempts certain state statutes of limitation, also preempts North Carolina’s ten-year statute…
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UPDATE: EPA Amends All-Appropriate Inquiries Rule
On December 30, 2013, the EPA announced a final decision to amend the “All Appropriate Inquiries Rule” to make clear that persons conducting a Phase I Environmental Site Assessment according to the new ASTM standard, ASTM E1527-13, will meet the due diligence requirement of the Rule. We have previously reported on the development of the…
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EPA Adds Nine Hazardous Waste Sites to the National Priorities List
On December 11, 2013, the US Environmental Protection Agency (EPA) announced the addition of nine hazardous waste sites to Superfund’s National Priorities List (NPL). According to EPA, these sites, including two in North Carolina, pose risks to human health and the environment: (1) Cristex Drum in Oxford, North Carolina; (2) Hemphill Road TCE in Gastonia, North Carolina; (3) Beck’s…
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