A recent development in environmental law has seen several environmental organizations, including the Sierra Club, issuing a Petition for Rulemaking to the U.S. Environmental Protection Agency (EPA) on September 26th. This petition has requested for the establishment of a nationwide National Pollutant Discharge Elimination System (NPDES) permit, specifically for uncovered railcars that transport coal, under the provisions of 33 U.S.C. § 1342(a).
According to the terms put forth in the petition, it will become necessary for all uncovered railcars which carry coal to acquire coverage under the NPDES permit, which is established in accordance with 33 U.S.C. § 1342(a). This move is intended to address and mitigate the environmental and health risks associated with the transportation of coal.
The petition’s demand for specific permit coverage for these uncovered railcars is rooted in the provisions of the Clean Water Act. The Act mandates the requirement of a permit for any discharge of pollutants into navigable waters from a point source. If this petition is successful, uncovered railcars carrying coal will be considered a ‘point source’ of pollution.
This move by the environmental organizations marks a significant development in bringing transport vehicles under the regulatory purview of the Clean Water Act, which until now has been primarily focused on fixed establishments like factories and power plants.
While the EPA has not yet responded to the petition, this development is sure to have import for corporations and legal professionals, particularly those operating in the transportation and energy sectors.
For more in-depth information, refer to the original article.