Clean Air Act

News & Analysis as of

EPA Issues Final Determination That No Adjustments to GHG Standards for Model Years 2022-2025 Will Be Made, but Questions Remain

On January 12, the U.S. Environmental Protection Agency (EPA) finalized its determination not to change greenhouse gas (GHG) emission standards for cars and light trucks manufactured in model years (MYs) 2022-2025. This...more

VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

EPA Releases Final RMP Amendments, Awaits Response of New Administration

The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning...more

Pierce Atwood Environmental Regulatory Compliance Calendar

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

EPA Risk Management Plan Revisions

On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These...more

2017 Regulatory Policy Forecast: Environmental & Energy Policy

ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A...more

December 2016: Energy Litigation Update

Update on Clean Power Plan. In August 2015, the Environmental Protection Agency (“EPA”) finalized a new set of standards, now known as the Clean Power Plan (the “Plan”), aimed at reducing carbon emissions from fossil-fuel...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

EPA Proposes To Tighten MACT Limits For Kraft Mills

On December 14, 2016, EPA signed its proposed Kraft Pulp Residual Risk and Technology Review rule covering 40 C.F.R. Part 63, Subpart MM (a.k.a. “MACT II”) for recovery furnaces, lime kilns and smelt dissolving tanks at kraft...more

Trump Wins; Pruitt Nominated for EPA Administrator – What’s Next for Environmental Regulation?

There’s a new sheriff in town. Donald Trump’s election as President is likely to lead to significant changes in environmental regulation for American businesses. Some changes can (and will) take place very quickly, with the...more

EPA Provides Early Affirmation of Vehicle Emission Standards for 2022-2025

Through its Proposed Determination, EPA has concluded that the model year 2022-2025 GHG standards should remain as promulgated, despite automotive industry evidence demonstrating the need for less stringent standards. ...more

Forecasting the Trump Administration's First 100 Days

With the 2016 election in the rearview mirror, manufacturers must be mindful of the early initiatives you can expect from Congress and the new administration. With a return to one-party rule, the coming congressional term is...more

TSCA Criminal Provision Update: More Bark Than Bite

On June 22, 2016, Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, updating the Toxic Substances Control Act (TSCA). Congress kept standard violations—whether done knowingly or willfully—as...more

Undoing the Clean Power Plan

The election of Donald J. Trump as the next President of the United States appears to have dealt certain defeat for the Obama Climate Action Plan. Central to that effort was the Clean Power Plan, finalized by the U.S....more

How President-Elect Trump’s Environmental Policy Might Shift Environmental Protection Responsibility to the States and Citizens

Donald Trump is set to assume the presidency on January 20, 2017. At Environmental Law Next we are taking a look at what that will mean for American environmental law. We will be providing our own perspective as well as...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Extends Comment Period On Proposed SNUR: On October 21, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has reopened the comment period on a proposed Significant New...more

Waste and Recycling Industry Challenges New Clean Air Act Emission Guidelines for Existing Municipal Solid Waste Landfills

A group of waste industry trade associations and waste management and recycling companies is challenging the EPA’s recently finalized Clean Air Act rule that revises Emission Guidelines for existing municipal solid waste...more

New Clean Air Act Regulations for New and Existing Municipal Solid Waste Landfills

Beginning on October 28, 2016, new and modified municipal solid waste (MSW) landfills are now subject to updated New Source Performance Standards under the Clean Air Act 81 FR 59331. The U.S. EPA has also issued new rules for...more

EPA Proposes Revisions to PSD and Title V Greenhouse Gas Permitting Regulations

EPA recently proposed revisions to its Prevention of Significant Deterioration (“PSD”) and Title V regulations that will impact the permitting of greenhouse gases (“GHGs”). These regulatory changes are being proposed to...more

EPA's New Enforcement Initiative Stumbles Out of the Gate

As a result of the D.C. Court of Appeals' (COA) ruling on September 26, 2016 invalidating a Department of Labor, Occupational Safety and Health Administration (OSHA) Memorandum, one of the U.S. Environmental Protection...more

EPA's Latest Truck Rule Has Broader Effect on Mobile Source Compliance and Environment

Originally published in Bloomberg BNA's Daily Environment Report, 209 DEN B-1, 10/28/16. On Oct. 25, the Environmental Protection Agency and the National Highway Traffic Safety Administration published more stringent...more

New EPA Facility Safety Rule Faces Uncertain Future

On October 14, 2016, the Environmental Protection Agency (EPA) sent its final revised facility safety rule to the White House Office of Management & Budget (OMB) for pre-publication review. The rule would update EPA’s Risk...more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

EPA Must Evaluate Job Losses From Its Regulations: Blame Ralph Nader!

Last week, Judge John Preston Bailey ruled that EPA had violated a non-discretionary duty by failing comply with the requirement of § 321(a) of the Clean Air Act that it...more

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