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  • Posts by Kelly Bartley
    Of Counsel

    As a member of the Environment, Energy & Natural Resources practice group, Kelly's practice at Bingham Greenebaum Doll LLP involves consulting with and representing firm corporate clients with respect to a broad range of state and ...

Deadlines for businesses regulated by the Kentucky Division for Air Quality to report 2015 compliance with air permit terms, as well as reports summarizing required monitoring conducted July through December 2015, are just around the corner.

Annual Compliance Certifications (ACCs) and Semi-Annual Monitoring Reports for Kentucky businesses holding Clean Air Act Title V ...

Late yesterday, Matt Bevin, who takes office as Governor of the Commonwealth of Kentucky today, announced the appointment of Charles G. Snavely as Secretary of the Kentucky Energy and Environment Cabinet. Snavely formerly served as President of Eastern U.S. Operations for Arch Coal, Inc. and, prior to that, as Executive Vice President of Mining Operations for International Coal ...

Directly addressing the issue for the first time, the U.S. Court of Appeals for the Sixth Circuit has joined the Third Circuit to hold that the federal Clean Air Act does not preempt causes of action based on the common law of the state where a facility operates. In an Opinion rendered Nov. 2, 2015, in Merrick v. Diageo Americas Supply, Inc., Case No. 14-6198, the Sixth Circuit held that ...

Does your industry or business establishment include an emergency generator, fire pump, or any other process equipment, compressor or machinery driven by a stationary reciprocating internal combustion engine? The answer is likely “yes.” If so, beginning this year, absent an exemption, you are required to comply with broad, newly-applicable Environmental Protection Agency ...

Greenhouse gases (GHGs), particularly carbon dioxide, are emitted by virtually every industrial and business facility. Indeed, if your plant or place of business includes a fuel-burning boiler or even a process heater, then your operations emit carbon dioxide into the atmosphere. Further, even where such equipment is small, emissions can be significant. For example, a 10 million Btu/hour natural gas boiler emits an estimated 4,500 tons of carbon dioxide per year.

Since 1991, construction activities that disturb greater than five acres of land have been subject to Clean Water Act National Pollutant Discharge Elimination System (NPDES) permitting requirements for storm water run-off. In 1999, the Environmental Protection Agency (EPA) reduced the acreage threshold for the permitting requirement to one acre of construction activity. Construction sites meeting the acreage threshold are required to obtain coverage under an individual or general NPDES permit and implement best management practices (BMP) and other controls to reduce contaminants from construction activities in storm water run-off. In addition, construction activities that discharge run-off to municipal storm systems, including road ditches and culverts, are also subject to control under EPA-mandated municipal storm water control programs.

Lead is a highly toxic metal that can cause adverse health effects in humans, especially children, ranging from cognitive impairment and learning disabilities to seizures and even death. For many years, lead was used in the manufacture of household paint. The U.S. Consumer Product Safety Commission banned the residential use of lead-based paint in 1978. However, more than an estimated 38 million homes in the U.S. that were built before that date still contain some lead-based paint. In fact, two-thirds of all homes built before 1960 are estimated to currently contain lead-based paint.

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