News & Analysis as of

Title V Air Pollution

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

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Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

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Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Pinal County, Arizona, Generating Station

The Sierra Club filed a May 13th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to the Salt River Project Agricultural Improvement and Power District (“SRP”). ...more

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Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) transmitted a May 8th Clean Air Act Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) over an alleged failure to: …issue or deny the...more

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Title V/Clean Air Act: National Association of Clean Air Agencies Comments on U.S. Environmental Protection Agency Proposed Rule...

The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more

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Title V/Clean Air Act: Petition to Object Filed Addressing Gunnison County, Colorado, Coal Mine Permit

The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fayetteville Printed Film...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Packaging Specialties, Inc. (“PSI”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing an alleged...more

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Title V/Clean Air Act: Petition to Object Filed Addressing Rochester, New Hampshire Solid Waste Facility Permit

Sixteen individuals (collectively, “Petitioners”) filed a February 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Waste Management of New Hampshire,...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Denies Petition Objecting to a Chicago Department of Aviation Permit

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a September 29th Order Denying a Petition objecting to the issuance of a Clean Air Act Title V Permit (“Permit”) to the City of Chicago...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants in Part and Denies in Part Petition Objecting to Berkeley...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 7th Order (“Order”) granting in part and denying in part a Petition objecting to the issuance of a Clean Air Act Title V...more

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

Cryptocurrency Mining Facility/Natural Gas-Fired Electric Generating Plant: New York Administrative Law Judge Upholds Denial of...

A New York Administrative Law Judge (“ALJ”) issued a decision (Ruling on Issues and Party Status [“Decisions”]) upholding the State of New York Department of Conservation (“NYDEC”) decision to deny a Clean Air Act Title V...more

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Air Enforcement: Mississippi Commission on Environmental Quality and Crenshaw Ceramics Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Kentucky-Tennessee Clay Company (“KTCC”) entered into a May 31st Agreed Order (“AO”) addressing alleged violations of a Clean Air Act Title V Operating Permit....more

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Removal of Title V Emergency Affirmative Defense Provisions/State Operating Permit Programs: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for state and federal Title V...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Grants In Part and Denies In Part Two Petitions Objecting to a...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a February 22nd Order Granting In Part and Denying In Part two Petitions objections to the issuance of a Clean Air Act Title V Operating...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Carbon Manufacturing Facility Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into an April 12th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7242 23. ...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Administrator Addresses Petition Objecting to Cass County, Indiana,...

The United States Environmental Protection Agency (“EPA”) Administrator issued a March 14th Order denying a Petition for Objection to Permit (“Order”) for a Waelz Sustainable Products, LLC, (“Waelz”) production facility in...more

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

Air Enforcement: Proposed Technical Secretary's Order/Civil Penalty Addressing Athens Landfill

The Tennessee Air Pollution Control Board (“Board”) issued a February 15th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Environmental Trust Company d/b/a Meadow Branch Landfill (“ETC”) addressing...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to Colorado Oil and Gas Production Wastewater Treatment...

The Center for Biological Diversity and Grand Valley Citizens Alliance (collectively, “CBD”) filed a November 23rd Petition to Object (“Petition”) to an initial Title V permit (“Permit”) issued by the Colorado Department of...more

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

Title V Objection/Clean Air Act: WildEarth Guardians Petition Addressing New Mexico Oil/Gas Processing Facility

WildEarth Guardians filed a September 26th Petition (“Petition”) requesting that the United States Environmental Protection Agency (“EPA”) Administrator object to the initial Clean Air Act Title V Operating Permit for the...more

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

Natural Gas Compressor Station: Petition Filed Before U.S. EPA Environmental Appeals Board Challenging Title V Permit Renewal...

Harvest Four Corners, LLC, (“Harvest”) submitted a Petition for Review (“Petition”) on October 11th before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). The Petition...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Montgomery County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ’) and Moore’s Dozer Service, LLC (“Moore’s”) entered into an August 23rd Consent Administrative Order (“CAO”) addressing an alleged...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Luttrell Lime Manufacturing Facility

The Tennessee Air Pollution Control Board issued a May 20th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to O-N Minerals (Luttrell) Company d/b/a Carmeuse Lime & Stone (“O-N”) addressing an...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Bossier Parish Natural Gas Compressor Station Operator Enter...

The Louisiana Department of Environmental Quality (“LDEQ”) and Gulf South Pipeline Company, LP (“Gulf South”) entered into a Settlement to address alleged air permit violations. See Settlement Tracking No. SA-AE-21-0032....more

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EPA Issues Rule Streamlining Process for Title V Permit Petitions

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EPA recently issued a final rule streamlining the process for filing petitions to object to the issuance or revision of Title V operating permits for major air pollution sources (the “Rule”). States typically issue, revise...more

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