News & Analysis as of

Pollution Control Board

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

Schwabe, Williamson & Wyatt PC

Ports Must Control Stormwater Across Their Entire Footprint

Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,...more

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

City of Albuquerque/Albuquerque Environmental Health Department: Natural Resources Defense Council Submits Title VI Civil Rights...

The Natural Resources Defense Council and Los Jardines Institute (collectively, “NRDC”) submitted a May 30th document to EPA styled: Complaint under Title VI of the Civil Rights Act of 1964 and the Environmental Protection...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Assessment Addressing Mt. Pleasant Secondary...

The Tennessee Air Pollution Control Board (“Board”) issued a November 6th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Proposed Order”) to Tennessee Aluminum Processors, Inc. (“TAP”). TAP...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Columbia Alcohol Distillery

The Tennessee Air Pollution Control Board (“Board”) issued on November 8th a proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Tennessee Distilling Group, LLC (“TDG”). See Case No. APC22-0080. ...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty to Camden Secondary Magnesium Smelting...

The Tennessee Air Pollution Control Board (“Board”) issued on January 27th a proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to MagPro, LLC (“MagPro”) addressing alleged violations of an...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Technical Secretary's Order/Civil Penalty Addressing Erwin Spray...

The Tennessee Air Pollution Control Board (“Board”) issued a September 8th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Impact Plastics, Inc. (“IPI”) addressing alleged violations of an...more

Williams Mullen

Top Five Potential Air Permitting Reforms: How Air Permitting in Virginia Is Poised for Change

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The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more

Williams Mullen

Virginia’s Air Pollution Control Board Implements Environmental Justice Initiative

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The Virginia Department of Environmental Quality’s (DEQ’s) new Environmental Justice (EJ) Initiative announced October 16, 2020 is in motion and moving in parallel before the State Air Pollution Control Board (Air Board). The...more

Barnea Jaffa Lande & Co.

An Act of Deterrence against a Polluting Plant - Gadiv

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The Ministry of Environmental Protection imposed a financial sanction of NIS 634,000 on Gadiv Petrochemical Industries of the Bazan Group, following the company’s violation of the terms of an emission permit....more

Troutman Pepper

Illinois Finalizes Regulations for Direct Implementation of Prevention of Significant Deterioration (PSD) Permitting under the...

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As of September 4, 2020, Illinois has responsibility for direct administration of the Prevention of Significant Deterioration (PSD) permitting program under state regulations, including federal Clean Air Act (CAA)...more

Troutman Pepper

Illinois Pollution Control Board Schedules Second Round of Public Hearings on Proposed Regulations for Coal Ash Ponds

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On March 3, 2020, the Illinois Environmental Protection Agency (IEPA) filed with the Illinois Pollution Control Board (Board) proposed regulations establishing standards for coal combustion residue (CCR) surface impoundments,...more

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

Air Enforcement: Proposed Tennessee Air Pollution Control Board Order Penalty Assessment for Paris Wood Furniture Manufacturing...

The Tennessee Air Pollution Control Board (“Board”) issued a proposed May 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Institutional Case Work, Incorporated (“ICI”). See Division of Air...more

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

Ethylene Oxide/Ambient Air Monitoring: Illinois Pollution Control Board Proposed Rule

The Illinois Pollution Control Board (“Board”) has proposed air monitoring rules intended to determine ambient levels of ethylene oxide (EtO). See 35 Ill. Adm. Code 249. The Board cites provisions of the Illinois...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

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Assessment of Civil Penalty Related to Dyersburg, Tennessee...

The Tennessee Air Pollution Control Board (“Board”) issued a December 18th Technical Secretary’s Proposed Order and Assessment of Civil Penalty (“Order”) to Dyersburg Elevator Company (“DEC”) for an alleged air permit...more

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

Trafalgar/Stump Dump Site: Fredericks Construction Company, Inc. Motion to Dismiss Bella Vista Property Owners Association...

Fredericks Construction Company, Inc. (“Fredericks Construction”) and Thomas Fredericks (“Fredericks”) filed a Motion to Dismiss and Incorporated Brief in Support (“Motion”)before the Arkansas Pollution Control and Ecology...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty to Decherd, Tennessee Engine Machining...

The Tennessee Air Pollution Control Board issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Nissan North America, Inc., (“Nissan”) for alleged violations of an air permit. See Division of Air...more

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

Trafalgar Road/Stump Dump Site/Fredericks Construction Company, Inc., Administrative Order: Bella Vista Village Property Owners...

The Bella Vista Property Owners Association (“POA”) filed a November 19th pleading before the Arkansas Pollution Control and Ecology Commission (“Commission”) titled: Request for Hearing and to Set Aside Administrative...more

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

Air Enforcement: Tennessee Secretary's Proposed Order/Assessment of Civil Penalty to Sherwood, Tennessee Facility

The Tennessee Secretary of the Air Pollution Control Board (“Board”) issued an October 24th proposed Order and Assessment of Civil Penalty (“Order”) to Lhoist North America of Tennessee, Inc. (“LNATI”) for alleged violations...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Assessment of Civil Penalty to Church Hill, Tennessee Glass...

The Tennessee Air Pollution Control Board (“Board”) issued an October 16th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AGC Flat Glass North America, Inc. (“AGC”). See Division of Air...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order and Assessment of Civil Penalty to Bristol, Tennessee...

The Tennessee Air Pollution Control Board (“Board”) issued a September 25th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Gregory Pharmaceutical holdings, Inc. (“Gregory”). Gregory is stated to...more

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

Air Enforcement: Tennessee Air Pollution Control Board: Proposed Order/Assessment of Penalty to Elizabethan, Tennessee Dry...

The Tennessee Air Pollution Control Board (“Board”) issued a September 30th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to AYM, Inc. (“AYM”) for an alleged air permit violation. See Division of Air...more

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

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Civil Penalty Addressing Greenville, Tennessee Air...

The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to the town of Greenville, Tennessee (“Greenville”) for an alleged violation of an air permit....more

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

UIC/Wastewater Enforcement: Bethel Heights, Arkansas Response to Arkansas Department of Environment and Energy Notice of Violation

The City of Bethel Heights, Arkansas (“Bethel Heights”) filed a Response September 4th to the Notice of Violation (“NOV”) of the Arkansas Department of Environment and Energy previously filed. The NOV addressed alleged...more

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