News & Analysis as of

Clean Air Act Operational Permits

Latham & Watkins LLP

EPA Extends CCR Regulations to Previously Exempt CCR Units

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This post is the second in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule on requirements governing disposal of coal combustion residuals at inactive...more

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Clean Air Act Citizen Suit Enforcement/Pennsylvania Chemical Facilities: Food & Water Watch Judicial Action Alleging Allegheny...

The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more

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Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Jenner & Block

New EPA Rule Removes Emergency Defense Waiver in Title V Air Permits

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On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more

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Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Bradley County Hardwood...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and AHF, LLC (“AHF”), entered into a July 22nd Consent Administrative Order (“CAO”) addressing alleged violations of an air permit....more

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Proposed St. James Parish, Louisiana Petrochemical Complex/Clean Air Act: Environmental Organizations' Petition for Judicial...

The Sierra Club, Center for Biological Diversity, and other organizations (collectively “Sierra Club”) filed a February 14th Petition for Judicial Review (“Petition”) challenging a January 6th Louisiana Department of...more

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Clean Air Act Title V Petitions to Object: U.S. Environmental Protection Agency Finalizes Rule Revisions

The United States Environmental Protection Agency (“EPA”) in a February 5th Federal Register Notice issued a final rule that states it: . . . revises its regulations to streamline and clarify processes related to...more

Foley Hoag LLP - Environmental Law

The Wehrum Memo Still Isn’t Final Agency Action

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial....more

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Title V/Clean Air Act: D.C. Circuit Addresses Venue

The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petitions Objecting to Allegany County, New York Landfill

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to two Petitions requesting objection to the issuance of a Title V operating permit (“Permit”) for the Hyland Facility...more

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TITLE V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition Objecting to McClean County, Illinois Soybean...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an March 20th Order responding to a Petition Requesting Objection to the Issuance of a Title V Operating Permit (“Petition”) for the...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition to Object to Commerce City, Colorado, Refinery

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more

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PSD/Air Enforcement: Tennessee Air Pollution Control Board Order Addressing Midway, Tennessee, Nitric Acid Manufacturing Facility

The Tennessee Air Pollution Control Board (“Board”) issued to U.S. Nitrogen LLC (“U.S. Nitrogen”) a January 8th document titled: Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) - The Order...more

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Air Regulatory Efficiency and Streamlining Effort (EASE) Collaborative: Arkansas Department of Environmental Quality Announces...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a news release announcing a public meeting to “kick-off” what is described as the: Air Regulatory Efficiency and Streamlining Effort Collaborative (“EASE”)...more

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Self-Disclosure/Air Enforcement: Arkansas Department of Environmental Quality and Van Buren County, Arkansas, Natural Gas...

The Arkansas Department of Environmental Quality (“ADEQ”) and Desoto Gathering Company, LLC (“DGC”) entered into a November 21st Consent Administrative Order (“CAO”) addressing a self-disclosed violation of an air permit. See...more

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Air Enforcement: Arkansas Department of Environmental Quality and Jefferson County, Arkansas Wood Pellet Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Highland Pellets, LLC (“HP”) entered into a July 26th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS NO. 18-065....more

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Air Enforcement: Arkansas Department of Environmental Quality and Dallas County, Arkansas, Lumber Facility Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Ray White Lumber Company (“RWLC”) entered into a July 13th Consent Administrative Order (CAO”) addressing alleged violations of certain Arkansas air regulations....more

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Arkansas Air Regulations: Arkansas Department of Environmental Quality Proposed Streamlining/Listening Session

The Arkansas Department of Environmental Quality (“ADEQ”) has scheduled a listening session for August 13th on a pre-proposal draft regulation which is described as streamlining Arkansas Air Quality Regulations. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Air Regulations: Arkansas Department of Environmental Quality Seeks Input on Pre-Proposal for Streamlining (Update)

As noted in a May 30th post, the Arkansas Department of Environmental Quality (“ADEQ”) has prepared a pre-proposal draft regulation which is described as Streamlining Arkansas Air Quality Regulations. The pre-proposal...more

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Title V/Clean Air Act – Yuhuang Chemical, Inc. Methanol Plant (St. James Parish, Louisiana): U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued an April 2nd Order denying a Petition of Objection to a Clean Air Act Title V Permit for Yuhuang Chemical, Inc., methanol plant (“Plant”) in St. James Parish,...more

Williams Mullen

Clean Air Act New Source Review in 2018: Re-thinking Your Strategy for Compliance

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New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

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Air Enforcement: Arkansas Department of Environmental Quality and Izard County, Arkansas, Hardwood Flooring Mill Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Unilin North America, LLC, (“Unilin”) entered into a March 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No....more

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Air Enforcement: U.S. Environmental Protection Agency and Romulus, Michigan Hot Mix Asphalt Plant Operator Enter into Consent...

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The United States Environmental Protection Agency (“EPA”) and Ajax Materials Corporation...more

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Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Structural Steel Fabrication Facility...

A February 15th post (see previous post here) noted that the Arkansas Department of Environmental Quality (“ADEQ”) and Lexicon, Inc., (“LI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Structural Steel Fabrication Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lexicon, Inc. (“LI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 18-013. The...more

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