Hazardous Substances Air Pollution

News & Analysis as of

EPA’s New Refinery Rule—Next Generation Compliance in Action

The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas. The rule governs hazardous air emissions from...more

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

EPA Issues Final Amendments to Cement Kiln NESHAP

Effective July 27, 2015, EPA amended key components of the National Emission Standard for Hazardous Air Pollutants (NESHAP) for new and existing portland cement kilns. The changes, in part, were necessary to comply with a...more

Supreme Court Tells EPA Cost Does Matter

The Environmental Protection Agency's Mercury and Air Toxics Standards (MATS) placed national limits on mercury and other toxic emissions from power plants. The agency projected MATS to prevent 11,000 premature deaths, 4,700...more

New York Finalizes Updates to Regulation of Hazardous Air Pollutants

The New York State Department of Environmental Conservation (NYSDEC) recently finalized amendments to several regulations primarily concerning hazardous air pollutants. NYSDEC repealed and replaced 6 NYCRR Part 212, Process...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more

Insurance Recovery Law - Jun 2014 #2

Nevada Supreme Court Holds That Absolute Pollution Exclusion Does Not Bar Coverage for Carbon Monoxide Poisoning Suit - Why it matters: In answering certified questions from the Ninth Circuit, Nevada joined...more

Insurance Coverage Newslettter: Transport Inc. v. Superior Court

Vulcan Materials Corp. manufactured and sold PCE, a pollutant used by dry cleaners. R.R. Street & Co. was a distributor for Vulcan, and an additional insured under an umbrella policy issued by Transport Insurance to Vulcan....more

Federal Court Of Appeals Strikes Down A Portion Of The EPA’s Rule Limiting A Court’s Authority For Imposing Civil Fines For...

Federal Court of Appeals strikes down a portion of the EPA’s rule limiting a Court’s authority for imposing civil fines for equipment failures. While upholding portions of EPA’s new rules for air toxic emissions for cement...more

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in...more

Draft Of Model Silica Sand Mining Regulations Released By Minnesota Environmental Quality Board

On December 13, the Minnesota Environmental Quality Board (EQB) - in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and the Minnesota Pollution Control Agency...more

Third Circuit Holds “Source State” Common Law Tort Claims Not Preempted by Federal Clean Air Act

In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

Bay Area Air District’s Significance Thresholds Reinstated: No CEQA Review for CEQA Review Thresholds

A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial “significance thresholds” for evaluating air quality impacts under the California Environmental Quality Act. ...more

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

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

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