EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching -
An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
4/4/2023
/ Air Quality Standards ,
CERCLA ,
Clean Air Act ,
Department of Justice (DOJ) ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Executive Orders ,
Final Rules ,
Hazardous Substances ,
NAAQS ,
NESHAP ,
Ozone ,
PFAS ,
Proposed Rules ,
RCRA ,
Rulemaking Process ,
Safe Drinking Water Act
Mike Rolband was appointed Director of the Virginia Department of Environmental Quality in January 2022. Recently, Channing Martin, a partner in the Environment and Natural Resources Group at Williams Mullen, had the...more
The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more
3/17/2021
/ Biden Administration ,
Center for Biological Diversity ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Final Rules ,
National Marine Fisheries Service ,
Permits ,
Regulatory Freeze ,
Sierra Club ,
Trump Administration ,
US Army Corps of Engineers ,
US Fish and Wildlife Service ,
Waters of the United States ,
Wetlands
Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more
3/15/2021
/ Biden Administration ,
Carbon Emissions ,
Chesapeake Bay ,
Clean Water Act ,
Climate Change ,
Coastal Real Estate ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Waste ,
New Guidance ,
Obama Administration ,
Regulatory Agenda ,
US Army Corps of Engineers
Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more
1/12/2021
/ Administrative Procedure Act ,
Air Pollution ,
Biden Administration ,
Clean Water Act ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Regulatory Agenda
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen. These could...more
10/28/2020
/ Administrative Procedure Act ,
Boiler MACT Rule ,
Clean Air Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Testing ,
General Elections ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Regulatory Agenda
If Joe Biden is elected President there will be significant changes in environmental regulation for American businesses. Some changes can (and likely will) take place very quickly, with the stroke of a pen....more
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
1/13/2020
/ Administrative Procedure ,
Carbon Emissions ,
CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Environmental Quality ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Gas Prices ,
Obama Administration ,
PFAS ,
Renewable Energy ,
Risk Management ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Waste Treatment Facilities ,
Wastewater ,
Waters of the United States
EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more
10/3/2018
/ Adjacent Property Owners ,
Clean Air Act ,
Clean Water Act ,
Clean Water Rule ,
Coal ,
Coal Ash ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
New Guidance ,
RCRA ,
Sierra Club ,
Strategic Enforcement Plan ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
Three memoranda, two issued by the United States Department of Justice (“DOJ”) and one issued by EPA, mark a significant shift in how the federal government approaches civil and criminal enforcement for violations of...more
2/14/2018
/ Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Guidance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Interim Guidance ,
Natural Resources ,
New Guidance ,
OECA ,
Third-Party
Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more
2/14/2018
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
Pollution Control ,
Regulatory Reform ,
Title V
EPA has released its strategic plan for fiscal years 2018 to 2022 describing its top goals and priorities. One goal is to provide states with greater autonomy in implementing federal environmental laws....more
The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more
5/17/2017
/ Agricultural Sector ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Environmental Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Groundwater ,
Hazardous Waste ,
NRDC ,
Presidential Memorandum ,
Trump Administration ,
Two For One Rule
President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more
President Trump has wasted no time in acting on his environmental agenda. On January 24, his second working day in office, the President signed two Executive Orders giving the green light to construction of the Keystone and...more
A. Fast Track Regulations -
1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20).
Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172,...more
STATE AIR POLLUTION CONTROL BOARD -
A. Final Regulations
1. 9VAC5-50. New and Modified Stationary Sources (Rev. I13) (amending 9VAC5-50-400, 9VAC5-50-410).
Statutory Authority: § 10.1-1308 of the Code of...more
On December 30, 2013, EPA issued a final rule to amend its “All Appropriate Inquiries” Rule (AAI Rule) that sets forth the standards and practices for conducting all appropriate inquiries under the Comprehensive Environmental...more
The regulatory action (i) updates current remediation levels and sampling and analysis methods; (ii) improves reporting and notification requirements; (iii) clarifies eligibility, application, registration fee, and...more
The State Water Control Board recently issued a Public Notice concerning proposed amendments to the Virginia Stormwater Management Regulations, 9 VAC 25-870, et seq. (the “Regulations”), and indicated it will consider those...more
The amendment revises the definition of volatile organic compound (VOC) to add trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of substances not considered to be VOCs. The amendment comports with the...more