Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Administrative Law
Flowback: Federal Regulation Of Wastewater From Hydraulic Fracturing, Jeffrey M. Gaba
Flowback: Federal Regulation Of Wastewater From Hydraulic Fracturing, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
Natural gas produced through hydraulic fracturing remains a critical, and controversial, component of U.S. energy production. A key environmental issue associated with fracking is the management and disposal of the enormous quantities of wastewater generated in the process.
Substantial federal authority exists to regulate fracking wastewater under the Resource Conservation and Recovery Act and the Clean Water Act. Regulation under RCRA, however, depends on classification of the wastewater as a RCRA “hazardous waste.” Although EPA has generally exempted oil and gas wastes, including fracking wastewater, from classification as a RCRA hazardous waste, it appears that fracking wastewater would not generally …
Generally Illegal: Npdes General Permits Under The Clean Water Act, Jeffrey M. Gaba
Generally Illegal: Npdes General Permits Under The Clean Water Act, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
Under the Clean Water Act, it is unlawful for a point source to discharge pollutants without a National Pollutant Discharge Elimination System (“NPDES”) permit. Most NPDES permits are issued to individual facilities, but since 1979, EPA and States have had a process of issuing “General Permits” to satisfy the requirements of the Clean Water Act. These General Permits may contain enforceable effluent limitations and other requirements, but, unlike individual permit, they may apply to large numbers of sources discharging into many different bodies of water. The conditions of a General Permit are developed through a “notice and comment” process similar …
New Sources, New Growth And The Clean Water Act, Jeffrey M. Gaba
New Sources, New Growth And The Clean Water Act, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
This Article is discusses the means by which the federal Clean Water Act addresses the problem of growth in connection with the achievement and maintenance of water quality standards. The article discusses those existing water quality standards requirements that most directly affect the issue of growth. These include two distinct, and largely unrelated, sets of requirements. First, the Article discusses those provisions that affect the regulation of new or expanded discharges on waters not yet meeting water quality goals. These include, among others, the provisions of the TMDL process that address the allocation of waste loads to account for growth, …