News & Analysis as of

SIP Environmental Protection Agency (EPA)

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

Start Up/Shut Down/Malfunction/Clean Air Act: U.S. Court of Appeals for the D.C. Circuit Addresses U.S. Environmental Protection...

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

Snell & Wilmer

Enforcement of the South Coast AQMD’s Warehouse Rule Is Coming

Snell & Wilmer on

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

Foley Hoag LLP - Environmental Law

Guidance Is Still Not the Same as Regulation

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

Clark Hill PLC

In Response to Environmental Groups’ Lawsuit, EPA Promptly Issues New Policy on Start Up, Shut Down, Malfunction SIP Call

Clark Hill PLC on

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

Maynard Nexsen

EPA Relaxes Policy on Startup, Shutdown, and Malfunction Emissions Standards

Maynard Nexsen on

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

(ACOEL) | American College of Environmental...

Texas’ Affirmative Defense SIP Provisions: National Policy or Regional Action

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

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

Regional Haze/Arkansas: U.S. Environmental Protection Agency Announces Approval of Revisions to State Plan

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

Foley Hoag LLP - Environmental Law

Cooperative Federalism Requires Cooperation From Both Sides

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

Latham & Watkins LLP

Reducing Ozone Regulation Costs Under the New Administration

Latham & Watkins LLP on

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

Pillsbury - Gravel2Gavel Construction & Real...

Fifth Circuit Stays EPA 2016 Final Rule in Favor of Texas and Oklahoma SIPs

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

Foley Hoag LLP - Environmental Law

In Cooperative Federalism, Who Gets Deference, EPA or the States? Can you say “Federal Supremacy”?

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

Sullivan & Worcester

Stay of Clean Power Plan Hampers Innovative Strategies to Reduce Carbon Emissions & Obscures Policy Signals for Investment

Sullivan & Worcester on

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

Sullivan & Worcester

U.S. EPA Earns Early Victory in Opponents' Challenge to Clean Power Plan

Sullivan & Worcester on

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

Bergeson & Campbell, P.C.

EPA Proposes To Establish Minor New Source Review Requirements And To Disapprove Severable Portions Of SIPs

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

Davis Wright Tremaine LLP

Clean Power Plan Formally Published – Full Steam Ahead for Challengers!

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

BakerHostetler

EPA Releases Revised Ozone NAAQS

BakerHostetler on

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

Foley Hoag LLP - Environmental Law

A Brief Rant on Cost-Effectiveness Analysis

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

Foley Hoag LLP - Environmental Law

Record Review Means That EPA Must Refer To the Record: The Third Circuit Remands EPA’s Approval of the Pennsylvania Regional Haze...

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

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Pierce Atwood LLP on

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

Faegre Drinker Biddle & Reath LLP

Clean Power Plan Finalized by Obama Administration and EPA — What's Next?

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

Williams Mullen

EPA Rejects Georgia SIP’s Automatic Rescission Powers

Williams Mullen on

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

McAfee & Taft

EPA nixes state exemptions on excess CAA emissions

McAfee & Taft on

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

Williams Mullen

EPA Issues SIP Call to Eliminate SSM Defense

Williams Mullen on

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

Blank Rome LLP

Nothing but Nonsense in New EPA Rule on Emissions

Blank Rome LLP on

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

Foley Hoag LLP - Environmental Law

Startup, Shutdown, and Malfunction — No Longer Any Automatic Exemptions or Affirmative Defenses

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

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