Earlier this summer, the U.S. Environmental Protection Agency (EPA) released a draft assessment on hydraulic fracturing’s potential impacts to drinking water resources, along with nine final peer-reviewed EPA reports conducted as part of the study. The draft assessment is based upon extensive review of literature, results from EPA research projects, and technical input from state, industry, non-governmental organizations, the public, and other stakeholders. The assessment follows the water used for hydraulic fracturing from water acquisition, to chemical mixing at the well pad site, to well injection of fracking fluids, to the collection of hydraulic fracturing wastewater (including flowback and produced water), to wastewater treatment and disposal. To comment on the report, visit the docket established by the Science Advisory Board.

With the clock ticking on the implementation of the “Waters of the United States” (WOTUS) rule, the U.S. Environmental Protection Agency (EPA) just announced a webinar, scheduled for Thursday, Aug. 27 from 1:00 to 2:00 pm EST to provide last-minute details. Unless there is a court order that provides otherwise, the new Clean Water Act (CWA) definition of WOTUS will take full effect on Aug. 28. The webinar will provide a review of the final rule, answer some commonly asked questions, and discuss what to expect as the rule is implemented.

For the first time in over 30 years, the U.S. Environmental Protection Agency (EPA) has updated the core requirements of the federal Water Quality Standards (WQS) rule that set forth the minimum conditions that must be met in each state’s water quality standards before EPA can approve them under the Clean Water Act (CWA).

The U.S. Environmental Protection Agency (EPA) released a new rule on the disposal of coal combustion residuals in Dec. 2014 and also identified necessary criteria for appropriate beneficial use of those materials. An important criteria for “unencapsulated” uses, such as fill, is to evaluate potential contamination to ground water. (See Observer Issue No. 1-15.) EPA developed the Industrial Waste Management Evaluation Model (IWEM) to help with these evaluations and will hold a webinar on Sept. 16, 2015, to demonstrate how to use the tool.

We’ve got them Covered at the 2015 Contractors Environmental Conference! Join us for AGC’s 2015 Contractors Environmental Conference on Sept. 2-3 right outside of the nation’s capital to discuss significant and ongoing developments concerning Clean Water Act (CWA) Section 404 permits and jurisdictional waters/wetlands, stormwater management permits, electronic reporting requirements, online compliance and enforcement history data, water quality trading and so much more! Click here to register now.

Significant Disagreements among Corps & EPA U.S. Army Corps of Engineers (USACE) Deputy Commanding General for Civil and Emergency Operations, Major General John Peabody, cited significant issues in the Waters of the United States final rule prior to its release in a May 15 memorandum to Assistant U.S. Secretary for the Army for civil works, Jo-Ellen Darcy. The final rule redefines ‘waters of the U.S.’ and expands the waters over which the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers claim jurisdiction. The two agencies jointly published the final rule on June 29, and it takes effect on August 28.

Does your company use towels, rags or absorbents to clean machinery, parts or spills? If yes, then you will want to know about a U.S. Environmental Protection Agency (EPA) rule that may exclude your “solvent-contaminated wipes” from the hazardous waste regulations. The federal rule took effect in January 2014 in states where EPA still runs the Resource Conservation and Recovery Act (RCRA) program. Since then, many other states have adopted EPA’s burden-reduction rule.

July 30 UPDATE: A Judicial Panel on Multi-District litigation has randomly selected the United States Court of Appeals for the Sixth Circuit in which to consolidate the multiple challenges to the WOTUS rule filed in circuit courts across the country - click here. EPA and the Army Corps have also asked the Panel to consolidate the pending (and future) district court actions in the District Court for the District of Columbia. *****

Yesterday, the House of Representatives passed by a vote of 258-166 legislation introduced by Rep. David McKinley (R-W.V.) to roll back certain parts of the Environment Protection Agency’s regulations of coal ash. A similar bill has been introduced by Senators John Hoeven (R-N.D.) and Joe Manchin (D-W.V.). Senator Hoeven will offer his legislation as an amendment to the highway & transit bill currently being debated on the Senate floor.

The Environmental Protection Agency and U.S. Army Corps of Engineers published a final rule detailing the extent of federal jurisdiction under the Clean Water Act in the Federal Register this week. The 60-day effective date clock starts upon publication, making the rule effective August 28, 2015. With the rule now final, there are likely to be many implementation questions, concerns and even new guidance. AGC is working to update information on the Construction Industry Compliance Assistance Center with the latest available resources. However, AGC’s efforts to inform its members on the new rule will span several months as it becomes clearer how the rule will be implemented.