The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more
Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District...more
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more
On Sept. 30, 2021, the Biden Administration made the latest move in the startup, shutdown, and malfunction (SSM) saga when the U.S. Environmental Protection Agency (EPA) issued a guidance policy repealing a Trump...more
In 2015, the United States Environmental Protection Agency (EPA) took the policy position that state implementation plans, or SIPs, cannot provide for relaxed air emission standards during Startup, Shutdown, and Malfunction...more
Why is the legal challenge of EPA’s approval of the affirmative defense provisions in Texas’ state implementation plan (SIP) the subject of a venue battle? Why did the Sierra Club and eight other environmental groups...more
The United States Environmental Protection Agency (“EPA”) issued a September 9th news release stating it had approved revisions to the State of Arkansas’s plan for addressing regional haze. Concurrently, the federal agency...more
In 2011, the National Parks Conservation Association sued EPA for failure to enforce the regional haze requirements of the Clean Air Act. EPA and the NPCA settled in 2012, establishing a schedule by when SIPs or FIPs had to...more
New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more
Recently the U.S. Court of Appeals for the Fifth Circuit issued an important decision regarding the Clean Air Act (CAA) and the interactions between EPA and the states. On July 15, Fifth Circuit, in a unanimous ruling,...more
Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more
On February 9, 2016, in a 5-4 decision, the U.S. Supreme Court stayed the Clean Power Plan (CPP), effectively halting the rule’s implementation until the D.C. Circuit and, in all likelihood, the high court itself reach a...more
On January 21, the United States Environmental Protection Agency (U.S. EPA) won an initial victory as the D.C. Circuit refused to grant opponents a stay of the Clean Power Plan (CPP or Rule). The Rule, promulgated...more
On January 11, 2016, EPA published a Proposed Rule in the Federal Register proposing to establish Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and to disapprove severable portions of the...more
The U.S. EPA formally published the final version of the Obama Administration’s Clean Power Plan on Friday, October 23, an action which starts a 60 day period within which to challenge the rule. On the same day, 26 challenges...more
On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more
On September 29, 2015, I posted about the 3rd Circuit’s decision to remand EPA’s approval of Pennsylvania’s regional haze SIP. Although I think that the decision was important and largely unobjectionable, it did get one...more
On Tuesday, the 3rd Circuit Court of Appeals remanded EPA’s approval of Pennsylvania’s regional haze SIP. The decision is a must-read for practitioners. It decides some important issues and provides important reminders for...more
NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more
On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) released a new set of final regulations aimed at reducing carbon output from power plants. The sweeping new Clean Power Plan (CPP) sets limits...more
Rarely does EPA propose to reject state regulations during review and approval of a State Implementation Plan (SIP) under the Clean Air Act. However, EPA did just that for the Georgia SIP which automatically rescinded...more
Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more
EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense...more
In response to a petition for final rule-making filed by the Sierra Club, the U.S. Environmental Protection Agency issued on May 22, 2015, its final action requiring 36 states to revise their state implementation plans...more
Last week, EPA finally responded to the Sierra Club’s petition requesting that it eliminate exemptions and defenses for excess emissions resulting from startup, shutdown, or malfunction events. EPA concluded that it needed to...more