Bill Penny
Bill Penny

Bill Penny is in the Nashville office of Stites & Harbison and is a member of the firm's Environmental, Natural Resources and Energy Service Group. He has more than 25 years experience in environmental law. He may be contacted at william.penny@stites.com.

Bill Penny
Christina Davidow

Christina Bodewig Davidow is an Associate in the Nashville office of Stites & Harbison and a LEED Accredited Professional. She is a member of both the Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. She may be contacted at christina.davidow@stites.com.

water

EPA Issues Correction of Construction Stormwater Reg

03.09.10 5:10 PM
posted by Christina Davidow

Yesterday, the EPA corrected its December 1, 2009, Federal Register notice for the final construction stormwater rule found at 74 FR 62995. The Federal Register notice stated that the compliance dates for the turbidity limitationfor sites that disturb 20 or more acres of land at one time was set to begin 18 months after the effective date of the rule.  The notice mistakenly stated that the applicable date was August 1, 2010, NOT August 2, 2011.

As a refresher, the EPA issued its Final Rule for “Effluent Guidelines for Discharges from the Construction and Development Industry" at the end of 2009. The rule significantly affects construction projects that disturb 10 acres or greater at any one time. One of the most significant and controversial provisions is a numeric limitation for turbidity-  the rule requires average daily turbidity for discharges to not exceed 280 Nephelometric turbidity units (Ntu).  

 
For more information on yesterday’s correction, please click here.

For more information on the Construction Stormwater reg, please read our November 24, 2009, blog article.

tags: EPA stormwater correction August 2 2011 August 1 2010

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water

TDEC Announces Impending Expiration of Current General ARAP Permits

03.02.10 9:09 AM
posted by Christina Davidow

Last week, TDEC issued Public Notice 10-33, announcing that the current general ARAP permits are set to expire on June 30, 2010. The Public Notice included draft versions of the proposed general permits, and encouraged participation in the public comment process.

The general permits proposed for reissuance are: Alteration of Wet Weather Conveyances; Bank Stabilization; Construction and Removal of Minor Road Crossings; Construction of Launching Ramps and Public Access Structures; Construction of Intake and Outfall Structures; Emergency Road Repairs; Maintenance Activities; Minor Alterations of Wetlands; Minor Dredging and Filling; Sand and Gravel Dredging; Sediment Removal for Stream Remediation; Stream Restoration and Habitat Enhancement; Surveying and Geotechnical Exploration; Utility Line Crossings; and Wetlands Restoration and Enhancement.  
 
The division will hold public hearings to discuss and receive public comment on the proposed general permits at the following times and locations:
 

Date
City
Location
Time
March 30, 2010
Knoxville
Environmental Field Office
3711 Middlebrook Pike
Knoxville, TN 37921
2:00 PM EDT
and
7:00 PM EDT
April 1, 2010
Nashville
L&C Tower, 17th Floor
401 Church Street
Nashville, TN 37243
2:00 PM CDT
and
7:00 PM CDT
April 6, 2010
Memphis
Environmental Field Office
8383 Wolf Lake Dr.
Bartlett, TN 38133
2:00 PM CDT
and
7:00 PM CDT

 

tags: ARAP TDEC Permit Expire; Reissuance water

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green building

Moving Toward Roadway Sustainability

02.15.10 5:21 PM
posted by Christina Davidow

Last month, researchers from the University of Washington and the engineering firm CH2M Hill unveiled their green rating system for roads “Greenroads.” The unveiling comes as the Federal Highway Administration gears up to create national guidelines regarding roadways.  

Similar to- and certainly inspired by- LEED, the roadway sustainability rating system singles out minimum requirements in order to be classified as a green roadway, including noise mitigation, stormwater management, waste management, reduction of light pollution, encouragement of non-motorized vehicles, quiet pavement, etc.  
 
If you would like to learn more about the program, please click here. 
 
 

tags: Greenroads University of Washington green roads greenroad

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epa

EPA Releases Coal Ash Facility Action Plans

02.10.10 5:56 PM
posted by Christina Davidow

 

February 4, 2010, was a significant day for electric utility facilities with coal ash impoundments.  On that day, the EPA released to the public "action plans" developed by twenty two facilities with coal ash impoundments. Those action plans describe the measures the facilities are taking to make their impoundments safer.
 
Not only did the EPA release the action plans of the utilities, but it also took the opportunity to introduce reports relating to the structural integrity of forty other coal ash impoundment sites across the nation.  According to the EPA, “most of the 40 impoundments have a rating of “high” or “significant” hazard potential, indicating the potential for harm in the event of impoundment failure.”  

For more information on this topic, please click here.  

tags: Coal Ash Action Plan EPA coal ash ccp coal facility

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climate change

When the SEC Tells You How to Embrace Climate Change, Your Business Should Listen!

02.03.10 9:04 AM
posted by Christina Davidow

Last week, the Securities and Exchange Commission (“SEC”) voted to provide the public with an interpretive guidance document of its disclosure requirements regarding climate change.  

The SEC is an independent agency of the United States government with primary responsibility for enforcing the federal securities laws and regulating the securities industry. 
 
Existing SEC rules require businesses to “disclose the impact that business or legal developments related to climate change may have on its business. The relevant rules cover a company's risk factors, business description, legal proceedings, and management discussion and analysis.”  According to the SEC’s press release, the interpretive guidance sheds light on the following issues that may be affected by climate change:
 
Legislation and Regulation: A company should consider whether the impact of certain existing laws and regulations regarding climate change may impact current business operations (or potential impact of pending legislation). It may be required to disclose such impacts because such legislation might impact a company's bottom line.
 
International Accords: A company should consider, and disclose when material, the risks or effects on its business of international accords and treaties relating to climate change.  For instance, the Kyoto Protocol, recent discussions in Copenhagen, and the European Union Emissions Trading System may impact a company's operations, and consequently, its bottom line.
 
Indirect Consequences of Regulation or Business Trends: A company should consider, for disclosure purposes, the actual or potential indirect consequences it may face due to climate change related regulatory or business trends, such as the effects of legal, technological, political and scientific developments regarding climate change on current business practices.  For instance, an indirect consequence might be that legislation affects a supplier company that would have the effect of causing a spike in the supplier's product.  In turn, your company would have to bear the pass-through increased costs. Conversely, indirect costs may affect a company in a positive way if the company takes advantage of climate change and develops new products that are in demand because of climate change.  Both these scenarios have the potential to impact a company's bottom line.
 
Physical Impacts of Climate Change: Companies may be required to disclose the actual and potential material impacts of environmental matters on their business.  For instance, in an increasingly cold climate, air conditioners may not be as popular as they are in a warmer climate.  This may have the potential of impacting a company's bottom line.
 

tags: Climate Change SEC interpretive guidance international accords Securities and Exchange Commission

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