Air Pollution

EPA Declines to Create New Air Pollution Control Program for Coal Mines – For Now.

by Christopher "Kip" B. Power | Dinsmore & Shohl LLP on 5/20/2013

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have the agency issue a determination pursuant to section 111 of the federal...more

Vapor Intrusion -- EPA Offers Guidance For Comment, But Now More Issues Than Ever

by Kenneth Gray | Pierce Atwood LLP on 5/8/2013

After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment. The...more

EPA Draft Vapor Intrusion Guidance Is Now Subject To Public Comment

by William J. Walsh | Pepper Hamilton LLP on 4/22/2013

The Environmental Protection Agency (EPA) has released and is seeking comments on draft general guidance on methods of addressing indoor vapor intrusion (VI) from contaminated soil and groundwater plumes (Draft VI Guidance)...more

EPA Permitting Regulations Vacated—Project Delays Expected

by Darlene Marsh | Burr & Forman on 3/29/2013

The recent decision in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013) vacated all of EPA’s rules on Significant Monitoring Concentrations (“SMCs”), as well as some (the Prevention of Significant Deterioration (“PSD”)...more

Air Pollution Control Costs Have Economic Benefits

by Ronald Farley | Burr & Forman on 3/22/2013

The costs of reducing air emissions, at least particulates, appears to be justified according to research cited during a recent lecture by environmental economist C. Arden Pope, III, a professor at Brigham Young University. ...more

"D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"

by Henry Eisenberg, Don Frost, Jr. | Skadden, Arps, Slate, Meagher & Flom LLP on 2/28/2013

In Sierra Club v. Environmental Protection Agency, 2013 U.S. App. LEXIS 1408 (D.C. Cir. Jan. 22, 2013), the District of Columbia Circuit Court of Appeals issued a decision that is likely to have a significant impact on...more

How Are We Doing? The Mercury Story

by William J. Walsh | Pepper Hamilton LLP on 2/15/2013

The late Ed Koch (former mayor of New York) famously used to ask his constituents “How am I doing?” Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant...more

Combine New Gas Plants, Lower Gas Prices, and More Stringent Emission Controls and What Do You Get? Lower Emissions

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 2/14/2013

ISO New England has just released its Electric Generator Air Emissions Report for 2011. The bottom line?...more

Pennsylvania Department of Environmental Protection Proposes 50 Percent Increase in Title V Annual Air Emissions Fees

by Richard H. Friedman, Scott Gould | McNees Wallace & Nurick LLC on 2/11/2013

If you are one of the nearly 560 Title V facilities in Pennsylvania, DEP has proposed a 50 percent increase in your annual air emissions fees. (See 43 PA Bulletin 677, February 2, 2013.) Under the proposal, you will pay $85...more

EPA Finalizes Revisions To Clean Air Standards For Stationary Engines

by Scott Hitch | Burr & Forman on 2/8/2013

On January 15, 2013, the U.S. Environmental Protection Agency (EPA) finalized revisions to standards to reduce air pollution from stationary engines that generate electricity and power equipment at industrial, agricultural,...more

EPA To Revisit Oil and Gas Air Rules, Requests Stay Of Suit Challenging Regulations

by Sanja Muranovic | BakerHostetler on 2/7/2013

Two weeks ago we reported that Texas withdrew from a multi-party lawsuit challenging USEPA’s new air pollution standards regulating the oil and gas industry (including hydraulic fracturing operations)....more

When Do Air Emissions Constitute a Discharge to Waters of the United States? Any Time the Emissions Reach Waters of the United...

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 2/4/2013

In a fascinating post today, my colleague from the American College of Environmental Lawyers, Patricia Finn Braddock, reported on a case at the intersection of the Clean Water Act and the Clean Air Act that could have...more

EPA Amends Requirements For Stationary Internal Combustion Engines, Including Emergency Generators

by Dixon P. Pike, Brian M. Rayback | Pierce Atwood LLP on 1/31/2013

On January 30, 2013, EPA published amendments to its regulations at 40 C.F.R. Part 63, Subpart ZZZZ (aka EPA’s RICE Rule) regulating emissions of hazardous air pollutants (HAPs) from reciprocating internal combustion engines...more

EPA Finalizes Emission Standards After Stakeholder Input

by Mintz Levin - Energy & Clean Technology on 1/24/2013

The Environmental Protection Agency finalized the 2010 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE NESHAP) on January 14. The standards regulate stationary...more

Texas Withdraws From Federal Challenge To USEPA’s Air Standards For Oil And Gas

by Sanja Muranovic | BakerHostetler on 1/24/2013

On January 10, 2013, the State of Texas and two of its agencies (the Railroad Commission of Texas and the Texas Commission on Environmental Quality) filed a joint motion in the Circuit Court for the District of Columbia to...more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

by Tad Macfarlan, David Overstreet, Bryan Rohm, Craig Wilson | K&L Gates LLP on 1/24/2013

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

EPA Splits the Baby on Backup Generators: Still Allows 100 Hours Use, But Now Requires Ultra Low Sulfur Diesel

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 1/17/2013

Yesterday, EPA finalized revisions to the National Emissions Standards for Hazardous Air Pollutants for stationary reciprocating internal combustion engines, or – one of my new favorite acronyms – RICE. The biggest dispute...more

2009 Legislative Digest

by Patrick McShane on 8/1/2009

A compendium of energy and environmental legislation enacted by the Board’s 18 member states and territories during the 2009 legislative session, this document thoroughly examines legislation passed state by state. In...more

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