This document summarizes hot environmental issues in agriculture, including air, water, and other regulatory concerns. It outlines EPA enforcement priorities regarding air and water pollution from 2011-2015. Key issues discussed are air quality compliance agreements, greenhouse gas reporting rules, CAFO regulations, and the SPCC rule regarding oil spills. The document provides guidance on responding to notices of violation, including information gathering, determining compliance status, and potential penalties. It aims to help agricultural operations understand emerging environmental trends and strategies for addressing regulatory issues.
A new rule from the federal Environmental Protection Agency. Called "Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point," the new rule prevents municipal sewage treatment plants from process shale wastewater.
A summary of a new rule from the federal Environmental Protection Agency. Called "Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point," the new rule prevents municipal sewage treatment plants from process shale wastewater.
Background and participation information for State Technical Committees: U.S. Department of Agriculture's volunteer advisory committees on federal farm conservation programs and practices.
A new rule from the federal Environmental Protection Agency. Called "Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point," the new rule prevents municipal sewage treatment plants from process shale wastewater.
A summary of a new rule from the federal Environmental Protection Agency. Called "Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point," the new rule prevents municipal sewage treatment plants from process shale wastewater.
Background and participation information for State Technical Committees: U.S. Department of Agriculture's volunteer advisory committees on federal farm conservation programs and practices.
ISO 14001 Tip #6 - How to Meet Compliance Obligations?Aury Hathout
First, ISO 14001 is an international standard for environmental management systems (EMS). Compliance with ISO 14001 involves meeting various requirements and obligations outlined in the standard. One important aspect of ISO 14001 is the identification and compliance with legal and other requirements related to environmental aspects. Compliance obligations refer to the legal and other requirements that an organization must meet to demonstrate conformity with ISO 14001. This PowerPoint presentation shows you a practical way to comply with some aspects of compliance obligations under ISO 14001:
Legal Requirements: Organizations must identify and have access to the legal requirements related to their environmental aspects. The national, regional, and local in-scope laws and regulations are applicable to the organization's activities, products, and services.
Other Requirements: Apart from legal requirements, organizations must also identify and consider other obligations relevant to their environmental aspects. They can include contractual obligations, industry standards, voluntary commitments, and other non-binding agreements.
Determination of Applicability: The organization needs to determine which legal and other requirements are applicable to its environmental aspects. To do so, it will evaluate the significance of aspects in relation to the organization's operations.
Compliance Evaluation: Organizations must establish, implement, and maintain a process for periodically evaluating compliance with applicable legal and other requirements. This environmental audit involves monitoring changes in legislation, conducting regular reviews, and ensuring that the organization remains compliant.
Record Keeping: Records of legal and other requirements and the organization's compliance status should be maintained. Record keeping enables conformity to ISO 14001 during audits and assessments.
Communication: Organizations must communicate relevant legal and other obligations to employees, contractors, and other stakeholders who should know them.
Periodic Review: The organization should regularly review and, if necessary, revise its legal and other requirements to ensure ongoing compliance and improvement.
Finally, it's important to note that compliance obligations can vary depending on the nature of the organization, its activities, and the environmental aspects associated with those activities. Therefore, organizations should tailor their approach to identifying and meeting compliance obligations based on their circumstances. Regular monitoring, review, and continuous improvement are integral to maintaining ISO 14001 certification and demonstrating a commitment to environmental management.
LIVING WITH THE EARTHCHAPTER 13ENVIRONMENTAL LAWS & COMP.docxcroysierkathey
LIVING WITH THE EARTH
CHAPTER 13
ENVIRONMENTAL LAWS
& COMPLIANCE
Page
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a Law
Bill is first introduced into house and senate;
Referred to subcommittee for review and support;
90% fail at this level
Recommended bills are brought forward for hearings and comment;
Committee meets to mark up (discuss) bill and vote on it;
If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)
The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.
The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.
House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
BILL
SENATE
HOUSE
Rules committee
BILL
BILL
Senate version
House version
CONFERENCE COMMITTEE
The Making of a Law (cont.)
If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.
Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
BILL
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
Page
Common Themes Among Environmental Laws
EIGHT GENERIC COMPLIANCE OBLIGATIONS
1. Notification requirements
2. Discharge or waste controls
3. Process controls and pollution prevention
4. Product controls
5. Regulation of activities
6. Safe transportation requirements
7. Response and remediation requirements
8. Compensation requirements
Environmental Laws are Part of a System
ENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:
U.S. CONSTITUTION AND STATE CONSTITUTIONS
FEDERAL AND STATE STATUTES AND LOCAL ORDINANCES
REGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIES
PRESIDENTIAL EXECUTIVE ORDERS
COURT DECISIONS INTERPRETING THESE LAWS
THE COMMON LAW
Executive Orders
These are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common Law
A body of rules and principles that pertain to the government and the security of persons and property.
Basic rules originally developed in England and t ...
LIVING WITH THE EARTHObjectives for this C.docxcroysierkathey
LIVING WITH THE EARTH
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a LawBill is first introduced into house and senate;Referred to subcommittee for review and support;90% fail at this levelRecommended bills are brought forward for hearings and comment;Committee meets to mark up (discuss) bill and vote on it;If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
SENATE
HOUSE
Rules committee
Senate version
House version
CONFERENCE COMMITTEE
BILL
BILL
BILL
The Making of a Law (cont.)If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
BILL
Common Themes Among Environmental LawsEIGHT GENERIC COMPLIANCE OBLIGATIONS1. Notification requirements2. Discharge or waste controls3. Process controls and pollution prevention4. Product controls5. Regulation of activities6. Safe transportation requirements7. Response and remediation requirements8. Compensation requirements
Environmental Laws are Part of a SystemENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:U.S. CONSTITUTION AND STATE CONSTITUTIONSFEDERAL AND STATE STATUTES AND LOCAL ORDINANCESREGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIESPRESIDENTIAL EXECUTIVE ORDERSCOURT DECISIONS INTERPRETING THESE LAWSTHE COMMON LAW
Executive OrdersThese are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common LawA body of rules and principles that pertain to the government and the security of persons and property.Basic rules originally developed in England and then brought to American Colonies.
Under Common LawTortA private wrong or wrongful act for which the injured party c ...
The current state of cap-and-trade in the U.S. and the mandatory greenhouse g...LPE Learning Center
Where is U.S. policy and voluntary markets current at in terms of cap-and-trade? What is the mandatory greenhouse gas reporting rule and how does it apply to animal agriculture? For more on this topic, visit: http://extension.org/60702
A quarterly publication from the Independent Petroleum Association of America (IPAA) and the PIRA Energy Group. It recounts the latest battles by out-of-control environmentalists in their attempts to kill fossil fuels by demagoging and litigating against the miracle of hydraulic fracturing and shale drilling throughout the U.S. An excellent summary/rundown of the latest skirmishes in the fracking wars.
Greenhouse Gas Regulations: Advising Clients in an Uncertain Legal EnvironmentDave Scriven-Young
Presentation to the Chicago Bar Association concerning efforts to regulate greenhouse gas emissions and curb climate change by Congress, the international community, U.S. federal agencies, and the courts.
Preserving Lifecyles: Renewing Existing Plant Protection Active SubstancesCovance
In 2017, the regulation that governs the marketing, sale and use of plant protection products (PPPs) is just a fact of life and a standard part of international agrochemical business. However, the standards imposed by regulation are constantly evolving as our scientific insight and knowledge increases, so active substances (ASs) and PPPs previously approved as safe may need to be reviewed against new standards.
ISO 14001 Tip #6 - How to Meet Compliance Obligations?Aury Hathout
First, ISO 14001 is an international standard for environmental management systems (EMS). Compliance with ISO 14001 involves meeting various requirements and obligations outlined in the standard. One important aspect of ISO 14001 is the identification and compliance with legal and other requirements related to environmental aspects. Compliance obligations refer to the legal and other requirements that an organization must meet to demonstrate conformity with ISO 14001. This PowerPoint presentation shows you a practical way to comply with some aspects of compliance obligations under ISO 14001:
Legal Requirements: Organizations must identify and have access to the legal requirements related to their environmental aspects. The national, regional, and local in-scope laws and regulations are applicable to the organization's activities, products, and services.
Other Requirements: Apart from legal requirements, organizations must also identify and consider other obligations relevant to their environmental aspects. They can include contractual obligations, industry standards, voluntary commitments, and other non-binding agreements.
Determination of Applicability: The organization needs to determine which legal and other requirements are applicable to its environmental aspects. To do so, it will evaluate the significance of aspects in relation to the organization's operations.
Compliance Evaluation: Organizations must establish, implement, and maintain a process for periodically evaluating compliance with applicable legal and other requirements. This environmental audit involves monitoring changes in legislation, conducting regular reviews, and ensuring that the organization remains compliant.
Record Keeping: Records of legal and other requirements and the organization's compliance status should be maintained. Record keeping enables conformity to ISO 14001 during audits and assessments.
Communication: Organizations must communicate relevant legal and other obligations to employees, contractors, and other stakeholders who should know them.
Periodic Review: The organization should regularly review and, if necessary, revise its legal and other requirements to ensure ongoing compliance and improvement.
Finally, it's important to note that compliance obligations can vary depending on the nature of the organization, its activities, and the environmental aspects associated with those activities. Therefore, organizations should tailor their approach to identifying and meeting compliance obligations based on their circumstances. Regular monitoring, review, and continuous improvement are integral to maintaining ISO 14001 certification and demonstrating a commitment to environmental management.
LIVING WITH THE EARTHCHAPTER 13ENVIRONMENTAL LAWS & COMP.docxcroysierkathey
LIVING WITH THE EARTH
CHAPTER 13
ENVIRONMENTAL LAWS
& COMPLIANCE
Page
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a Law
Bill is first introduced into house and senate;
Referred to subcommittee for review and support;
90% fail at this level
Recommended bills are brought forward for hearings and comment;
Committee meets to mark up (discuss) bill and vote on it;
If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)
The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.
The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.
House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
BILL
SENATE
HOUSE
Rules committee
BILL
BILL
Senate version
House version
CONFERENCE COMMITTEE
The Making of a Law (cont.)
If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.
Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
BILL
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
Page
Common Themes Among Environmental Laws
EIGHT GENERIC COMPLIANCE OBLIGATIONS
1. Notification requirements
2. Discharge or waste controls
3. Process controls and pollution prevention
4. Product controls
5. Regulation of activities
6. Safe transportation requirements
7. Response and remediation requirements
8. Compensation requirements
Environmental Laws are Part of a System
ENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:
U.S. CONSTITUTION AND STATE CONSTITUTIONS
FEDERAL AND STATE STATUTES AND LOCAL ORDINANCES
REGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIES
PRESIDENTIAL EXECUTIVE ORDERS
COURT DECISIONS INTERPRETING THESE LAWS
THE COMMON LAW
Executive Orders
These are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common Law
A body of rules and principles that pertain to the government and the security of persons and property.
Basic rules originally developed in England and t ...
LIVING WITH THE EARTHObjectives for this C.docxcroysierkathey
LIVING WITH THE EARTH
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a LawBill is first introduced into house and senate;Referred to subcommittee for review and support;90% fail at this levelRecommended bills are brought forward for hearings and comment;Committee meets to mark up (discuss) bill and vote on it;If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
SENATE
HOUSE
Rules committee
Senate version
House version
CONFERENCE COMMITTEE
BILL
BILL
BILL
The Making of a Law (cont.)If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
BILL
Common Themes Among Environmental LawsEIGHT GENERIC COMPLIANCE OBLIGATIONS1. Notification requirements2. Discharge or waste controls3. Process controls and pollution prevention4. Product controls5. Regulation of activities6. Safe transportation requirements7. Response and remediation requirements8. Compensation requirements
Environmental Laws are Part of a SystemENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:U.S. CONSTITUTION AND STATE CONSTITUTIONSFEDERAL AND STATE STATUTES AND LOCAL ORDINANCESREGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIESPRESIDENTIAL EXECUTIVE ORDERSCOURT DECISIONS INTERPRETING THESE LAWSTHE COMMON LAW
Executive OrdersThese are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common LawA body of rules and principles that pertain to the government and the security of persons and property.Basic rules originally developed in England and then brought to American Colonies.
Under Common LawTortA private wrong or wrongful act for which the injured party c ...
The current state of cap-and-trade in the U.S. and the mandatory greenhouse g...LPE Learning Center
Where is U.S. policy and voluntary markets current at in terms of cap-and-trade? What is the mandatory greenhouse gas reporting rule and how does it apply to animal agriculture? For more on this topic, visit: http://extension.org/60702
A quarterly publication from the Independent Petroleum Association of America (IPAA) and the PIRA Energy Group. It recounts the latest battles by out-of-control environmentalists in their attempts to kill fossil fuels by demagoging and litigating against the miracle of hydraulic fracturing and shale drilling throughout the U.S. An excellent summary/rundown of the latest skirmishes in the fracking wars.
Greenhouse Gas Regulations: Advising Clients in an Uncertain Legal EnvironmentDave Scriven-Young
Presentation to the Chicago Bar Association concerning efforts to regulate greenhouse gas emissions and curb climate change by Congress, the international community, U.S. federal agencies, and the courts.
Preserving Lifecyles: Renewing Existing Plant Protection Active SubstancesCovance
In 2017, the regulation that governs the marketing, sale and use of plant protection products (PPPs) is just a fact of life and a standard part of international agrochemical business. However, the standards imposed by regulation are constantly evolving as our scientific insight and knowledge increases, so active substances (ASs) and PPPs previously approved as safe may need to be reviewed against new standards.
Report: Enhanced EPA Oversight and Action Can Further Protect Water Resources...Marcellus Drilling News
A report from the U.S. EPA Inspector General's office saying even though the EPA's own 4-year study proves fracking doesn't affect water supplies, the EPA should try to keep its hand in regulating water used in the fracking business.
On August 3, 2015, President Obama and EPA announced the Clean Power Plan – a historic and important step in reducing carbon pollution from power plants that takes real action on climate change. Shaped by years of unprecedented outreach and public engagement, the final Clean Power Plan is fair, flexible and designed to strengthen the fast-growing trend toward cleaner and lower-polluting American energy. This plan will cause electricity rates to spike higher than they have ever been and will lead to the elimination of Constitutional freedoms in the United States. It must be dumped.
A quarterly publication from the Independent Petroleum Association of America (IPAA) and the PIRA Energy Group. The publication reviews the latest legislative, regulatory and litigation developments with respect to hydraulic fracturing in the U.S. and across the globe.
Similar to Hot Environmental Issues In Agriculture (20)
1. HOT ENVIRONMENTALHOT ENVIRONMENTAL
ISSUES IN AGRICULTURE
Kansas Bar Foundation and Kansas Farm Bureau Legal
Foundation for Agriculture.Foundation for Agriculture.
October 29, 2010
2. AgendaAgenda
Hot Environmental Issues in Agriculture
Air
Water
Other Regulatory Issues
Pesticides
A ibi i i F d Antibiotics in Feed
Responding to a Notice of Violation
Practical Guide to responding to an Enforcement
Action
3. EPA Enforcement Priorities
2011 -2015 Enforcement Initiatives/Priorities
include:
Keeping raw sewage and contaminated storm water
out of the nation’s waters;
Preventing animal waste from contaminating surface
and groundwater;
Cutting toxic air pollution that affects communities
health; and
Reducing Widespread Air Pollution from the Largest Reducing Widespread Air Pollution from the Largest
Sources, especially the Coal-Fired Utility, Cement, Glass,
and Acid Sectors.
4. Air and AgricultureAir and Agriculture
Ai Q li C li A Air Quality Compliance Agreement
CERCLA/EPCRA/
Greenhouse Gases
5. Air Quality Compliance Agreementi Qua ity Co p ia ce g ee e t
Announced by EPA on Jan 21 2005 Announced by EPA on Jan. 21, 2005
Four Primary Goals
A 2006 EAB A T V l August 2006: EAB Approves Two Voluntary
Agreements
Environmental Appeals Board approves two
final voluntary agreements to gather air
i i d f AFOemissions data from AFOs
6. CERCLA/EPCRACERCL /EPCR
February 2009: EPA issues final rule on
CERCLA/EPCRA Reporting for Air Releases
f H d S b f A i l Wof Hazardous Substances from Animal Waste at
Farms
All F E f CERCLA R i All Farms Exempt from CERCLA Reporting
Also Exempts Farms that Stable or Confine
b d bFewer than Certain Prescribed Number of
Animal Species
7. EPCRAEPCR
Section 304 Requires Reporting of Releases of Hazardous
Substance that Meets or Exceeds Reportable QuantitySubstance that Meets or Exceeds Reportable Quantity
State-Specific Guidance on Reporting:
Iowa
http://www.iowadnr.gov/epcra/index.html
Missouri
http://nmplanner.missouri.edu/regulations/CERCLA_EPRCA.asp
Nebraska
http://water unl edu/epcrareportinghttp://water.unl.edu/epcrareporting
Civil Penalties and Imprisonment for Failure to Report
8. Greenhouse GasesG ee house Gases
Massachusetts v. EPA (2007)
Dec. 2009: Endangerment Finding
National Cattlemen’s Beef Association Lawsuit
d Sept. 2009: Final GHG Mandatory Reporting Rule
Congress Suspends Reporting Req. for MMS’ for FY2010;
also Prohibits EPA in FY2010 from Requiring Title Valso Prohibits EPA in FY2010 from Requiring Title V
Permits Under CAA for GHG Emissions from Livestock
Production
March 31, 2012: GHG Report Due
9. Water and AgricultureWate a d g icu tu e
C d A i l di Concentrated Animal Feeding
Operations
SPCC Rule
Land Application of Manure Land Application of Manure
Pesticides
10. Concentrated Animal Feeding OperationsCo ce t ated i a Feedi g Ope atio s
(CAFOs)
2003 CAFO Rule
Waterkeeper Decision
2008 CAFO Rule
National Pork Producers Council Challenge
11. CAFOsC FOs
On May 28, 2010, the EPA issued new guidance on CAFO
regulations for CAFOs that discharge or propose toregulations for CAFOs that discharge or propose to
discharge.
The clarification is not a rule but helps explain which
CAFOs need permits.
Calls for a case-by-case evaluation of design, construction,
operation and maintenance of a CAFO to determineoperation, and maintenance of a CAFO to determine
whether it proposes to discharge
12. CAFOsC FOs
Regulation of discharges – NPDES Permit
Permitted CAFO may discharge according to permit
Unregistered – can never discharge
Regulation of Agricultural stormwater runoff f
C l b i h ll d b N i l P k P d Currently being challenged by National Pork Producers
Council v. EPA (5th Cir. 2008), with hearing set for Oct. 4,
2010.
13. Spill Prevention, Control, and Countermeasure
(SPCC) Rule
G l f h SPCC i il ill i Goal of the SPCC program is to prevent oil spills into
waters of the United States and adjoining shorelines.
Farms may be required to have an oil spill preventiony q p p
plan, called an SPCC Plan
October 14, 2010 -- Final Rule, “Oil Pollution Prevention;
S ill P i C l d C (SPCC) R lSpill Prevention Control and Countermeasure (SPCC) Rule
– Compliance Date Amendment.”
Extension (to November 10, 2011) for many differentExtension (to November 10, 2011) for many different
types of industries (including agriculture) for compliance
with the SPCC rule amendments.
14. Land Application of Manure
All CAFOs in the State of Kansas are required to develop
and implement an approved nutrient management planp pp g p
(NMP) as a condition of National Pollutant Discharge
Elimination System (NPDES) Permit coverage.
All CAFOs in the State of Kansas must follow the technical
standards set forth 40 CFR 412.4(c)(2) when land applyingstandards set forth 40 CFR 412.4(c)(2) when land applying
livestock manure, litter, compost, or process wastewater to
farmland.
Separate technical standards for swine verses non-swine
CAFOsCAFOs.
15. PesticidesPesticides
H d T l Headwaters v. Talent
2007 Aquatic Pesticide Rule
National Cotton Council v. EPA
16. Emerging Trends
Antibiotics in Feed
O J 28 FDA i d d f G id I d On June 28, FDA issued a draft Guidance to Industry
document for the use of antibiotics in farm animals.
Terrestrial Carbon Sequestration
Possible source of additional revenue.
Dependent upon cap-and-trade
Wind /Photovoltaic Leases
17. Responding to an Notice of ViolationRespo di g to a Notice o Vio atio
A f EPA Enforcement Process
Notice of Violation
Strategy for Responding to a Notice of
ViolationViolation
18. EPA Enforcement ProcessEP E o ce e t P ocess
i f i l i Notice of Violation
Administrative or Civil Action
BEWARE of Concurrent State
EnforcementEnforcement
19. Notice of ViolationNotice o Vio atio
Facts (what the inspector found)Facts (what the inspector found)
Legal standard
Process
21. Strategy for Responding to NOVSt ategy o Respo di g to NOV
I f i G h i Information Gathering
Cause of Violation, if any
Pl Key Players
Document Request
ili h C li Has Facility Been Brought Into Compliance
Penalties
Meeting with Regulators
Settlement NegotiationsSettlement Negotiations
22. Questions Down the RoadQuestions Down the Road
M Ch i W d lb M Sh Bli hMr. Chris Wendelbo
The Session Law Firm
2600 Grand Blvd
Ms. Shawna Bligh
The Session Law Firm
2600 Grand Blvd2600 Grand Blvd.
Suite 440
Kansas City, MO 64108
2600 Grand Blvd.
Suite 440
Kansas City, MO 64108Ka sas C ty, O 64 08
T: 816.841.6413
E: cwendelbo@session.com
Ka sas C ty, O 64 08
T: 816.841.6412
E: sbligh@session.comg