EPA recently revised its Enforcement Response Policy for High Priority Violations of the Clean Air Act: Timely and Appropriate Enforcement Response to High Priority Violations (the “HPV Policy”). Although the new Policy is dated August 25, 2014, it was only recently released to the public. In addition to EPA, the HPV Policy also applies to state, local, territorial, and tribal environmental enforcement agencies and is designed to prioritize enforcement actions for alleged violations of the Clean Air Act. EPA describes the revisions as “substantial changes” and notes that the new policy “supersedes” a previous version of the HPV Policy issued in 1998. State/local agencies are directed to implement the changes beginning October 1, 2014.

On December 10, 2014, EPA finalized a number of changes to the federal hazardous waste management rules. Among other things, the new rules:

  • Significantly modify the regulatory exemptions created in 2008 for reclamation of hazardous secondary materials;
  • Codify criteria for “legitimate recycling” that EPA will use to evaluate all recycling activities;
  • Establish new procedures for solid waste variances and non-waste determinations for off-site reclamation activities; and
  • Defer action on a proposal to establish container and notification requirements for pre-2008 recycling exemptions.

Troutman Sanders is pleased to participate in the North Carolina Chamber of Commerce’s first Environmental Compliance Conference on January 29, 2015 at the Sheraton Imperial Hotel in Research Triangle Park, NC. Margaret Campbell, Hallie Meushaw and Sean Sullivan are among the speakers for this event.

North Carolina Partner Sean M. Sullivan presented developments in the Brownfields program at the meeting of Groundwater Professionals of North Carolina on December 4, 2014. The discussion centered on:

  1. The Underground Storage Tank program and eligibility issues at Brownfields;
  2. Corrective action under the 2L Rules (02L.0106(e)) regarding unpermitted facilities;
  3. The

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The Troutman Sanders Environmental & Natural Resources practice is pleased to announce that the 2015 edition of U.S. News & World Report’s Best Lawyers edition has awarded the group with a “Tier 1” National ranking for both Environmental Law and Environmental Litigation.

Troutman Sanders is pleased to be a sponsor for the upcoming

ENVIRONMENTAL COMPLIANCE AND COMMITMENT LEGAL SUMMIT 2014

September 29, 2014 | The Harvard Club, New York, NY

In-House Counsel: Complimentary Registration
Law Firms: Use Promotion Code TSENVCOMP to save 25% when you register.

On September 16, Randy Brogdon was quoted by Law 360, in an article entitled “EPA Says Malfunctions Can’t Protect Plants From Penalties”. The article discusses the EPA’s proposal to require states to change their policy with respect to imposing penalties on industrial sources for unavoidable malfunctions that result in increased air emissions. A previous version of the rule would have allowed states to offer an affirmative defense during such malfunctions so long as the facility minimized its emissions to the greatest extent possible.

About the Rule

  • On September 9, 2014 the U.S. Drug Enforcement Agency (“DEA”) published new regulations that will allow retail pharmacies, hospitals, long term care facilities, and other authorized persons to collect unused medications from the public. The new DEA regulations take effect on October 9, 2014 and implement the Secure and Responsible Drug Disposal Act of 2010.
  • This Act allows ultimate end users to deliver controlled substances to authorized collectors for the purpose of disposal.
  • The regulations give ultimate end users three voluntary options for disposal: (1) take-back events, (2) mail-back programs, and (3) collection receptacles.
  • Authorized collectors may operate (1) a collection receptacle at their registered location(s), (2) collection receptacles at long-term care facilities (if the collector is a retail pharmacy or hospital/clinic with an on-site pharmacy); and/or (3) a mail-back program (if the location can destroy the drugs on-site).

Troutman Sanders is pleased to be a co-sponsor for “Healthcare Meets the Environment: A Symposium on Managing Pharmaceutical Wastes“ on Friday, September 19 from 8 a.m. to 4:15 p.m. at Georgia State University. This event was postponed from the original January 31, 2014 event date following severe snow and ice storms in Atlanta, Georgia.