News & Analysis as of

Hazardous Substances Clean Air Act Air Pollution

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

New Source Performance Standards/National Emission Standards for Hazardous Air Pollutants: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more

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

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

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

Hazardous Air Pollutants/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Issues Associated with...

The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more

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

Mercury and Toxic Standards for Power Plants: U.S. Environmental Protection Agency Final Rule Reaffirming Appropriate and...

The United States Environmental Protection Agency (“EPA”) published on February 15th a final rule reaffirming its decision that it remains appropriate and necessary to regulate hazardous air pollutants (“HAP”) from power...more

Williams Mullen

EPA Enforcement Alert: Emergency and Non-Emergency Stationary Sources Are the Focus of EPA

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​​​​​​​In a recent “Enforcement Alert,” EPA set out its intent to target owners and operators of stationary engines for compliance with Clean Air Act emissions requirements. According to the Enforcement Alert, “EPA has been...more

K&L Gates LLP

The $363 Million Dollar Question: Are Your Ethylene Oxide Emissions a Litigation Target?

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On 19 September 2022, a Cook County, Illinois jury awarded US$363 million to a plaintiff who alleged that her breast cancer was caused by emissions of ethylene oxide (EtO) from a Sterigenics facility in Willowbrook, Illinois....more

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

Public Health Air Quality Act of 2022: Congressional Legislation Introduced to Expand Fenceline/Ambient Air Monitoring

Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Technology Review and Standards of Performance for Bulk...

The United States Environmental Protection Agency (“EPA”) issued last week a prepublication proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Gasoline Distribution...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

Jenner & Block

U.S. EPA’s Addition of 1-BP to CERCLA Hazardous Substance List Likely Precursor to Similar Actions on PFAS

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On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous...more

Allen Matkins

San Diego Developers and Owners Should be Aware of Changes in Asbestos Enforcement Behavior

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As one of 17 air districts in California, the San Diego Air Pollution Control District (SDAPCD) is responsible for the implementation and enforcement of a wide range of laws and regulations concerning air pollution within its...more

Clark Hill PLC

EPA’s Position That HAP Listing of 1-Bromopropane Will Trigger Immediate Major Source Obligations Likely To Be Challenged as...

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On Jan. 5, the U.S. Environmental Protection Agency (“EPA”) published a Final Rule in the Federal Register adding 1-bromopropane (“1-BP”) to the list of hazardous air pollutants (“HAPs”) under Section 112 of the Clean Air Act...more

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

Designation of PFAS as CERCLA Hazardous Substances/Wastewater - Drinking Water Utility Exemption: American Water Works Association...

The American Water Works Association (“AWWA”) sent a July 19th letter to the Chairman and Ranking Member of the United States House of Representatives Committee on Rules urging support for an amendment (“Amendment 18”) to the...more

Vinson & Elkins LLP

Are PFAS Air Emission Regulations On The Horizon?

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While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more

Foley & Lardner LLP

Revival of the General Duty Clause

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In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Finalizes Lime Manufacturing Plant Residual Risk/Technology Review

The United States Environmental Protection Agency (“EPA”) issued a July 24th Federal Register notice promulgating the final rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutions (“NESHAP”) for...more

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

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

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

Particulate Matter NAAQS/Clean Air Act: U.S. Environmental Protection Agency Retains Current Standard

The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard includes...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Ashland City, Tennessee Water...

The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more

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

Status of Clean Air Act State Implementation Plan Submittals/Approvals: U.S. Environmental Protection Agency Office of Inspector...

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled: Status of Clean Air Act State Implementation Plan Submittals and Approvals...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

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In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Williams Mullen

Environmental Notes - March 2018

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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

McNees Wallace & Nurick LLC

USEPA Withdraws “Once In Always In” VOC Air Quality Policy

On January 25, 2018, the U.S. Environmental Protection Agency (“USEPA”) issued guidance withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112...more

Robinson & Cole LLP

EPA Tosses Out the “Once In, Always In” Policy For Major Sources of Hazardous Air Pollutants

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On January 25, 2018, the Environmental Protection Agency (EPA) withdrew its longstanding but controversial “once in, always in” policy that a “major source” of hazardous air pollutants (HAP) was forever locked into “major...more

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