SCDHEC Seeks Comments on Amendments to Solid Waste Regulation
The South Carolina Department of Health and Environmental Control (DHEC) is proposing to amend regulation R.61-107.4, Solid Waste Management: Yard Trash and Land-clearing Debris; and Compost. The proposed regulation would allow companies to compost certain solid waste, address food waste through composting, and streamline the permitting process. The public comment period will be open until…
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Restructuring May Be in Store for DHEC
DHEC Director Catherine Templeton recently told the agency’s Board that she will begin soliciting comments in early 2014 on the reorganization and possible division of DHEC into two separate agencies, one with authority over health matters and one tasked with enforcement of environmental laws. With nearly 3,100 employees and a budget around $500 million, DHEC…
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Update – DHEC’s “Permit Central”
As we first reported in March, DHEC has launched a website entitled “Permit Central” to help guide businesses in South Carolina through the sometimes daunting process of obtaining the necessary permits. The site features an interactive questionnaire that allows businesses to input information about their proposed operations and receive information in response about the permits required…
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EPA Releases Greenhouse Gas Emissions Data for Large Facilities
EPA’s Greenhouse Gas Reporting Program collects greenhouse gas information from over 8,000 facilities in the largest emitting industries, including power plants, iron and steel mills, landfills, and oil and gas production and refining. In late October, EPA released greenhouse gas emissions data for large facilities. The most recent data for 2012 reveals that in the…
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SCDHEC Drafting General Air Permit for Mine Operations
SCDHEC is working on a draft general air permit for certain mines in South Carolina, at least including crushed stone quarry operations. Although the mining industry had expressed interest in a general air permit that would replace both construction and operating permits for all non-metallic mineral mines that fall below certain thresholds, there is some…
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EPA Wrestling with New All Appropriate Inquiries Rule
As we first reported late last year, the American Society for Testing and Materials (“ASTM”) is revising the standard governing Phase I Environmental Site Assessments, ASTM E1527. In connection with that process, the Environmental Protection Agency (“EPA”) proposed in mid-August that compliance with either the new standard, ASTM E1527-13, or the old standard from 2005,…
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Emergency Regulation Regarding Management of Wastewater System Sludge
On September 25, 2013, the South Carolina Department of Health and Environmental Control (DHEC) issued an emergency regulation regarding management of wastewater system sludge, including land application of sludge impacted by polychlorinated biphenyls (PCB). DHEC along with the U.S. Environmental Protection Agency (EPA) is still investigating the source of PCBs that was recently introduced into…
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Applications Being Accepted for SC Environmental Leadership Forum
DHEC is accepting applications between now and October 14, 2013, for a series of workshops designed to educate and develop South Carolina leaders on environmental issues. Participants in the SC Environmental Leadership Forum, a joint project of DHEC and EPA, will learn about the interaction of leadership, community outreach, and local government with the environment. …
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EPA Proposes Pollution Regulations for New Power Plants
On Friday, the U.S. Environmental Protection Agency (EPA) proposed new Clean Air Act regulations to reduce carbon pollution from new power plants. EPA Administrator Gina McCarthy stated that these regulations are intended to slow the effects of climate change and promote a safe and healthy environment. Some industry opponents have expressed concern that compliance with…
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SCDHEC on Lookout for Illegal Dumping
In the wake of recent discoveries of polychlorinated biphenyls (PCBs) at three Upstate publicly-owned treatment works, the South Carolina Department of Health and Environmental Control (“SCDHEC”) is working with the United States Environmental Protection Agency to investigate illegal dumping. Specifically, PCBs were discovered in the wastewater collection systems of Renewable Water Resources, which serves much…
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New EPA Application Helps Calculate and Combat Stormwater Runoff
The Environmental Protection Agency has recently introduced a desktop computer application that estimates the amount of rain and the frequency of stormwater runoff at specific sites anywhere in the United States. The “National Stormwater Calculator” pulls information from national databases on soil type, rainfall, evaporation and other variables in order to provide the estimate. Users…
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Ruling May Lead to New Regulation of Biomass Plants
A ruling last month from the U.S. Court of Appeals for the District of Columbia Circuit has overturned an EPA decision that temporarily exempted biomass power plants from new greenhouse gas regulations. In 2011 EPA decided to defer for three years any decision on whether to permit greenhouse gas emissions from biomass plants in the…
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Facilities Using Solvent Wipes Get Relief from Waste Regulations
On July 31, 2013, the US Environmental Protection Agency (EPA) modified its hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude solvent-contaminated wipes from hazardous waste regulations as long as businesses clean or dispose of the wipes properly. EPA altered the rule after concluding that wipes contaminated with certain…
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SC DHEC Proposes to Repeal and Streamline 25 Environmental Regulations
Businesses subject to environmental regulations in South Carolina should familiarize themselves with recent changes proposed by the South Carolina Department of Health and Environmental Control (“SC DHEC”). In response to an order issued on February 12, 2013, by Governor Nikki Haley establishing a Regulatory Review Task Force, SC DHEC solicited written comments and held public…
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Tommy Wyche is the 2013 Green Day Honoree
Tommy Wyche will be recognized as the 2013 Green Day Honoree at the Greenville Drive game on August 6th at Fluor Field. Tommy is being honored for his dedication to conservation efforts in the Upstate and his commitment to revitalizing the city of Greenville. He was instrumental in turning Greenville’s Main Street into a thriving…
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Guest Blogger: Jenni Asman from Palmetto Green Schools Initiative
Although some South Carolina school buildings have received negative attention for their poor conditions, as featured in Bud Ferrillo’s 2006 documentary, “Corridor of Shame,” the Palmetto Green Schools Initiative is making progress in solving the problem of aging and energy inefficient schools. In 2007, South Carolina passed the Energy Efficiency and Construction Act, which mandates that…
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Fourth Circuit Rules CERCLA Preempts State Statute of Repose
The Fourth Circuit has recently issued a major decision that implicates the rights and liabilities of landowners and former landowners of property damaged by pollution. In a split decision, the Court held that a provision in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts North Carolina’s ten-year statute of repose for actions for…
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City of Greenville Passes Low-Impact Development Parking Program
Last month, the City of Greenville, in partnership with Upstate Forever and Furman University, approved a market-based program to incentivize developers to build appropriately-sized parking lots while reducing adverse impacts to waterbodies. Recognizing that stormwater runoff from parking lots can adversely impact water quality but acknowledging the need for flexibility for certain projects, the Fee-in-Lieu…
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New Study Raises Questions about Water Quality at SC Beaches
A recent report by the Natural Resources Defense Council raises questions about water quality at many of South Carolina’s most popular beaches, especially those along the Grand Strand. Testing the Waters: A Guide to Water Quality at Vacation Beaches is released annually by the NRDC, a non-profit environmental advocacy organization, and is based on a…
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President Obama Releases Expansive Climate Action Plan
Today President Obama unveiled his new executive action plan to promote renewable energy and cut greenhouse gas emissions. The full 21-page plan is available here and sets as its primary goal the reduction of greenhouse gas emissions 17 percent below 2005 levels by 2020. The plan rests on what the Administration describes as “three key…
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High Court Gives Government Agencies More Deference
The U.S. Supreme Court recently clarified that a governmental agency which has been given the authority to promulgate regulations and adjudicate disputes may use such authority to interpret its governing statute and that the courts should defer to such interpretation. In Arlington v. FCC, No. 11-1545 (May 20, 2013), the Court considered the FCC’s interpretation…
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Register for the 2013 SC Clean Energy Summit
The South Carolina Clean Energy Business Alliance is hosting the 2013 South Carolina Clean Energy Summit July 11th at the Columbia Metropolitan Convention Center. The Summit will include sessions on Solar, Wind, Biomass, Hydrogen and Fuel Cells, Energy Efficiency, Clean Energy Project Finance, Clean Transportation and Recycling. Click here to register today. For more information,…
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Greenville County Addresses Stormwater Issues with Market Incentives
On March 5, the Greenville County Council adopted a new Stormwater Banking Program and incorporated it into the county’s zoning ordinances. The program, which was developed over a four-year period through collaboration among local officials, conservation groups, and homebuilders, seeks to improve the county’s management of stormwater run-off and pollution through a voluntary, market-based incentive…
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Environmental Non-Compliance Can Be Costly
Major retailer Wal-Mart Stores, Inc. has been hit with more than $81 million in civil and criminal penalties for violations of the Resource Conservation and Recovery Act (RCRA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Wal-Mart pleaded guilty in three criminal federal cases and entered a consent agreement with the EPA to resolve…
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Tune in to SC ETV Radio at Noon
Brad Wyche, director of Upstate Forever, will be interviewed on this Friday’s edition of Walter Edgar’s Journal on South Carolina ETV Radio. Topics discussed will include land conservation, natural resources, and sensible growth in the Upstate. The program will air at noon on Friday, May 31, on all eight ETV radio stations. A rebroadcast will…
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Solar Energy Bill Stalls in SC Senate
A bill intended to reduce regulatory hurdles for solar energy companies that invest in South Carolina has failed to gain traction in the South Carolina Senate. We first blogged about the bill in February, when it was introduced in the House of Representatives. In late February the bill failed to move out of the House…
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Brownfield Buyer Beware
The Fourth Circuit Court of Appeals recently held that a purchaser of a brownfield could be held liable for the costs of remediating hazardous substances on it, notwithstanding its bona fide prospective purchaser (“BFPP”) defense. In PCS Nitrogen Inc. v. Ashley II of Charleston LLC, 2013 WL 1340018 (4th Cir. April 4, 2013), the Court…
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State Ban on Seawalls Under Scrutiny
South Carolina’s twenty-five year ban on seawalls is under scrutiny as a result of a new bill introduced in the General Assembly. Since 1988 construction of new seawalls has been forbidden, with beaches and other coastal communities relying instead on renourishment programs to protect existing construction. As reported in The State newspaper, the bill was introduced…
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EPA Invests in Brownfields Redevelopment
Last week, the EPA announced it will award approximately $4 million in grants to 20 communities to assist with planning for remediation and reuse of brownfields properties. The winning projects were chosen based on their ability to advance livability principles, support local and regional planning efforts, and engage community members. Review the winning project summaries…
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SCDHEC Launches “Permit Central”
The South Carolina Department of Health and Environmental Control recently announced the launch of a new web page, styled “Permit Central.” SCDHEC’s goal is to better inform companies doing business in South Carolina of necessary permits. Users may take advantage of a questionnaire to determine permits needed as well as estimated time frames, form applications,…
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EPA Finalizes New Rules for Stationary Engines
In late January EPA finalized revisions to emission standards for Reciprocating Internal Combustion Engines (RICE). RICE are commonly used at manufacturing and other industrial sites to generate electricity and power equipment like pumps and compressors. EPA initially published new standards for RICE in 2010, but these were subject to a number of legal challenges and…
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DHEC Seeks Comments on Environmental Regulations
Governor Haley has established a Regulatory Review Task Force to evaluate regulatory burdens on South Carolina businesses and explore ways to relieve those burdens. To support this initiative, DHEC has invited the public to comment on environmental statutes and regulations that may unduly burden businesses. DHEC will be receiving public comments at the following meetings:…
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New EPA Guidance Offers Tenants Liability Protection for Contamination
Tenants can be held liable for preexisting contamination on property they lease under certain circumstances. Tenants can, however, utilize the bona fide prospective purchaser (BFPP) defense against such liability under CERCLA if the owner qualifies as a BFPP. Additionally, EPA recently issued guidance stating that it will treat certain tenants as BFPPs, even when the…
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Solar Energy Bill Introduced in House Faces Uncertain Future
A solar energy bill introduced in the South Carolina House faces an uncertain future. The House Labor, Commerce, and Industry subcommittee heard testimony for and against the bill on Tuesday, Feb. 19, before voting in favor of adjourning debate on the matter. One of the bill’s sponsors explained to The State newspaper that this vote…
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EPA Releases Greenhouse Gas Emissions Data
EPA’s Greenhouse Gas Reporting Rule (74 FR 56260) requires large sources and suppliers to report greenhouse gas emissions. Earlier this month, EPA published emissions data for reporting year 2011, when 8,000 facilities across nine industry sectors reported 3.3 billion tons of carbon dioxide equivalent of direct emissions. The results are available on EPA’s website. As…
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Solar Energy Bill Introduced in General Assembly
A new solar energy bill introduced in the South Carolina General Assembly aims to help solar power and other forms of renewable energy grow in South Carolina. Under current state law, companies that install solar panels on homes and businesses and then sell the power generated back to those property owners are regulated as utilities,…
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EPA to Highlight Key Environmental Issues in the Southeastern Region
On February 26, 2013 at the Georgia State Bar Conference Center in Atlanta, GA, the EPA will offer updates on key state and regional developments in environmental law in the Southeast Region, Region 4, which includes South Carolina, North Carolina, Georgia, Alabama, Florida, Kentucky, Tennessee and Mississippi. Sessions will provide information on EPA’s program initiatives…
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Leadership and Staffing Changes Announced at Federal and State Regulatory Agencies
With the arrival of the new year, both the Environmental Protection Agency and South Carolina’s Department of Health and Environmental Control will be seeing significant changes in leadership and staffing. In Washington, EPA administrator Lisa Jackson has announced she will step down after four years of service during the first Obama administration. Read more about…
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EPA Announces a More Stringent Standard for Soot Particles
On December 14, the US Environmental Protection Agency revised the National Ambient Air Quality Standards for Particle Pollution, announcing a more stringent standard for harmful fine particle pollution, known as PM2.5, including soot. In response to a federal court order declaring the standards too weak to adequately protect public health, the final rule sets an…
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Changes On the Way for Phase I Environmental Site Assessments
Changes may be in store in 2013 to the Phase I Environmental Site Assessment (ESA), which has become the first step of environmental due diligence in the real estate world. The ESA is prepared as a part of most commercial transactions involving real estate and identifies known or potential environmental liabilities on the subject property,…
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BikeShare is Coming to Greenville!
Greenville B-Cycle has announced that it will launch a BikeShare program here in Greenville in the Spring of 2013. The program will provide community members and visitors an active way to get around town by providing access to rental bicycles. Greenville B-Cycle, an idea initiated by Leadership Greenville Class 37, is a partnership between Upstate…
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The FTC Has Released New Green Guides
The Federal Trade Commission (FTC) recently released its Final Guides for the Use of Environmental Marketing Claims. Known as the Green Guides, they update and supplement the agency’s prior guidance on green marketing. The Green Guides offer direction to marketers about how to make non-deceptive environmental marketing claims about products and services. Failure to comply…
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Wyche Named Official Climate Challenge Partner by American Bar Association and U.S. Environmental Protection Agency
The American Bar Association (ABA) and the U.S. Environmental Protection Agency (EPA) recently named Wyche an official “Climate Challenge Partner.” This distinction is given to law firms that have taken steps to become better environmental and energy stewards. Wyche has a long history of leading preservation and conservation efforts, so of course we were excited…
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EPA Takes Enforcement Action Against 16 Businesses for Alleged Violations of the Lead-Based Paint Renovation, Repair and Painting Rule
On November 14, the United States Environmental Protection Agency (EPA) announced 16 enforcement actions for alleged violations of its Renovation, Repair and Painting Rule, which governs construction activities that disturb lead-based paint. The Rule, which took effect in 2010, requires that contractors who work on pre-1978 dwellings and child-occupied facilities be trained to use lead-safe…
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SC Isolated Wetlands and Carolina Bays Task Force Indicates Preference for Protection Through Conservation Easements
The SC Isolated Wetlands and Carolina Bays Task Force, created by the South Carolina General Assembly in June of this year to review and study isolated wetlands and make findings and recommendations, met on Tuesday, November 13. The Task Force indicated it prefers to protect the Carolina Bays and isolated wetlands through conservation easements instead…
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SC Isolated Wetlands and Carolina Bays Task Force’s Next Meeting
The SC Isolated Wetlands and Carolina Bays Task Force was created by the South Carolina General Assembly in June of this year to review and study isolated wetlands and make findings and recommendations. The next meeting of the Task Force will be held on Tuesday, November 13 in Room 105 of the Gressette Building, 1101…
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EPA Launches App for Checking the Health of Waterways
In celebration of the fortieth anniversary of the Clean Water Act, EPA has launched a new app and website that provide user-friendly information on the health of thousands of streams, rivers, and lakes across the nation. Called “How’s my Waterway,” the app and website can be accessed through smart phones, tablets, and desktop computers. Users…
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City of Columbia Close to Agreement with EPA over Sewer System
The State newspaper is reporting that the Environmental Protection Agency and the City of Columbia are close to finalizing a consent agreement that will impose a fine on Columbia of between $1 and $1.5 million for problems with the city’s sewer system, the largest in South Carolina. Aging sewer lines blocked by roots and grease…
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EPA Names Twelve New Sites to the National Priorities List
Last month, the Environmental Protection Agency (EPA) named twelve new hazardous waste sites to the National Priorities List (NPL) for cleanup under the Superfund program. The list includes sites across the United States, including a former wood treating facility in Yadkinville, NC and an electroplating facility in Vincent, Alabama. EPA has also proposed to add…
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SCDHEC Faces Permit Backlog
According to the South Carolina Department of Health and Environmental Control (SCDHEC), 503 of the state’s 3,693 active pollution control permits have expired. Most of the expired permits are for water and air discharges. The agency’s director Catherine Templeton has said that SCDHEC will work to expedite review of replacement permits. Until they are reissued,…
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Congratulations to Greenville for Winning the EPA’s Clean Air Excellence Award
The City and County of Greenville were recognized by the EPA as a winner of this year’s Clean Air Excellence Award for their innovative Electric Vehicle (EV) Ecosystem Pilot Project. The EV Ecosystem Pilot Project was created to provide area companies, residents and visitors access to electric vehicles and charging stations. The City and County…
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Upcoming Seminar on Managing Environmental Risks in Business Transactions
Wyche is hosting a roundtable on Thursday, September 27 on the key environmental risks facing businesses today. We’ll have a panel of experts who will weigh in on the environmental issues that may arise during various phases in a transaction, from performing due diligence to negotiating a purchase and sale agreement to securing environmental insurance. …
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DHEC Announces Plan for New Group of Staff to Assist in Permitting Process
The S.C. Department of Health and Environmental Control intends to dedicate a new group of five staff members to help guide businesses through the permitting process. DHEC Director Catherine Templeton announced the plan recently at a meeting of the South Carolina Economic Developers’ Association. Noting that many businesses planning to open or expand facilities require…
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SC Isolated Wetlands Taskforce Meeting in September
In June, the South Carolina General Assembly amended the Pollution Control Act (“PCA”) to address the Smith Land case. In that case, the South Carolina Supreme Court interpreted the PCA to require all discharges into the environment to be covered by a permit from the South Carolina Department of Health and Environmental Control (“DHEC”) and…
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The Basics of Carbon Trading
“Carbon Trading” refers to a group of market-based approaches currently being used in various countries to regulate and reduce the emission of carbon dioxide and other greenhouse gases. A market for carbon trading can result in two different ways. First, a regulatory body—typically a government—may cap the amount of carbon dioxide that a source (such…
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Senate Committee Approves the Safe Chemicals Act
On July 25, 2012, the US Senate Committee on Environment & Public Works approved S. 847, the Safe Chemicals Act of 2011, which, if passed, would revamp the Toxic Substances Control Act of 1976 (TSCA) by requiring chemical companies to provide more health and safety information about their products and empowering regulators to force dangerous…
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Court of Appeals Upholds EPA Greenhouse Gas Regulations
The U.S. Court of Appeals for the D.C. Circuit has issued an important opinion regarding the regulation of greenhouse gas emissions in the United States. The opinion is the product of an action brought by a coalition of industrial companies and states against the Environmental Protection Agency (EPA). The events leading up to the court’s…
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DHEC’s Environmental Assistance Conference
DHEC is hosting its annual Environmental Assistance Conference, aimed at advising businesses on compliance issues, on November 7, 2012 at the Columbia Convention Center. The agenda will include topics such as preparing for agency inspections, the enforcement process, and air, stormwater and wastewater permitting. Register here.
Environmental Groups Take Aim at Coal Ash Ponds
Environmental organizations have filed actions against two South Carolina power companies that operate coal-fired power plants. The actions seek the cleanup of waste ponds where coal ash is stored. In January the Catawba Riverkeeper Foundation filed suit against South Carolina Electric and Gas in federal district court, seeking cleanup of waste ponds at SCE&G’s Eastover…
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DHEC Finalizes its Surface Water Withdrawal Regulation
DHEC Regulation 61-119, governing surface water withdrawal, permitting, use and reporting, became effective June 22, 2012. Some highlights from the Regulation: The Regulation requires existing surface water withdrawers to submit a permit application within 180 days of the Regulation’s effective date. New surface water withdrawers must apply for and obtain a valid permit before making…
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Protecting the Blue Ridge Escarpment
Back in the early 1970s, our colleague, Tommy Wyche, known as “the godfather of conservation” in South Carolina, began his efforts to protect the Blue Ridge Escarpment, a mountain bridge of approximately 400,000 acres that stretches across the Upstate. His efforts, which utilize the legal tools of conservation easements and land trusts, have resulted in…
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Governor Haley Signs Amended SC Pollution Control Act
After much negotiation, on Wednesday, June 6, 2012, Governor Haley signed into law the amended South Carolina Pollution Control Act (R255, H4654). As expected, the compromise between business and environmental groups, which postpones the creation of an isolated wetlands regulatory program and excludes private rights of action under the Act, is in the final version…
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The South Carolina SUPERB Fund: A Tool for Remediating Petroleum Releases
Since 1988, South Carolina’s SUPERB program—State Underground Petroleum Environmental Response Bank—has provided funding to owners and operators of qualified underground storage tanks (USTs) for remediation efforts following a petroleum release. Generated through a ½ cent state gasoline tax and registration fees from UST owners, SUPERB covers reasonable remediation efforts in excess of $25,000 up to…
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Pollution Control Act Compromise
After months of debate, this week business and environmental groups reached a compromise regarding amendments to South Carolina’s Pollution Control Act. In the wake of the uncertainty created by the SC Supreme Court’s Smith Land ruling, environmental groups have been advocating for the creation of an isolated wetlands regulatory program. The business community objected, noting…
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South Carolina Conservation Bank Extended
On May 14, 2012, South Carolina governor Nikki Haley signed into law a five-year extension of the South Carolina Conservation Bank. The Bank’s authorization had been set to expire in 2013, but the new bill extends the Bank through 2018. Since its establishment in 2002, the Bank has helped to preserve nearly 160,000 acres of…
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SC Supreme Court to Hear Savannah Port Dredging Dispute
The SC Supreme Court will exercise original jurisdiction over an issue involving agency authority in the Savannah Harbor Expansion Project (SHEP). Several environmental groups have asked the Court to determine which state agency, the Department of Health and Environmental Control (DHEC) or the Savannah River Maritime Commission (SRMC), had authority to issue a permit to…
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The U.S. Nuclear Regulatory Commission Approves S.C. Reactors
On Friday, Scana Corp. received approval from the U.S. Nuclear Regulatory Commission by a 4-1 vote for the construction and operation of two units at a plant 26 miles northwest of Columbia. The Chairman of the Commission dissented, citing pending safety rules in response to the nuclear disaster at Fukishima Dai-lchi in Japan last year. …
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