News & Analysis as of

Volatile Organic Compounds (VOC) Air Pollution

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

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

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

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

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Tire Manufacturing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Goodyear Tire & Rubber Company (“Goodyear”) entered into a May 13th Consent Administrative Order (“CAO”) addressing an...more

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

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

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

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

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Stuttgart Agricultural...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Riceland Foods, Inc. (“Riceland”) entered into a November 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Searcy Plastic Package...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and The Bryce Company, LLC (“Bryce”) entered into an October 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Drum Reconditioning Facility/RCRA/Clean Air Act: U.S. District Court (Wisconsin) Approves Entry of Consent Decree

The United States District Court (Eastern District Wisconsin) (“Court”) addressed in a July 27th Order a request by the United States Department of Justice (“DOJ”) acting on behalf of the United States Environmental...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Beverage Manufacturing Facility Enter into...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Ardagh Metal Packaging USA Corp. (“Ardagh”) entered into an April 12th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7244...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,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Morrilton Energy Recovery...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and SEMCO, LLC (“SEMCO”) entered into an October 27th Consent Administrative Order (“CAO”) addressing alleged violations of an air...more

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

Standards of Performance for New/Reconstructed/Modified Sources/Emissions Guidelines for Existing Sources: U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) announced a Supplemental Notice of Proposed Rulemaking to update, strengthen, and expand the standards proposed on November 15, 2021, which require reduced emissions...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

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Ozone Nonattainment “Bump-up” in Connecticut: Is your facility about to get bumped into more stringent air regulations?

For air emission sources in New Haven County, Middlesex County, and Shelton, Connecticut, the regulatory landscape will change on November 7, 2022.  Per a regulation published on October 7, 2022, EPA is reclassifying the...more

Vinson & Elkins LLP

EPA Is Conducting Flyover Inspections of Texas and New Mexico Permian Basin Energy Facilities

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The U.S. Environmental Protection Agency (“EPA”) recently announced that it is conducting another round of aerial inspections of upstream and midstream facilities in the Texas and New Mexico Permian Basin....more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Alliance Rubber Company (“Alliance”) entered into a March 17th Consent Administrative Order (“CAO”) addressing alleged violations...more

Morgan Lewis - Power & Pipes

EPA Proposes Rule to Reduce Greenhouse Gas Emissions

The US Environmental Protection Agency (EPA) recently issued a proposed rule under the Clean Act intended to reduce emissions of greenhouse gases (GHGs) and air pollutants from crude oil and natural gas operations...more

Vinson & Elkins LLP

EPA Proposes Far-Reaching Methane Rules for the Oil and Gas Sector

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The first action proposes first-time emission guidelines to reduce methane emissions from almost 1 million existing oil and gas wells, almost 2,000 existing interstate natural gas compressor stations, and over 500 existing...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

Vinson & Elkins LLP

EPA Methane Regulations For Oil And Gas Industry Finally Finalized And Immediately Headed Back To Court

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As discussed in this previous post, EPA recently released two rules changing the volatile organic compound (“VOC”) and methane emissions requirements for new sources in the oil and gas sector, which alter or roll back some of...more

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

Citizen Suit Action/Clean Air Act: Sierra Club Lawsuit Addressing Woodville, Texas, Wood Pellet Manufacturing Facility

The Sierra Club filed on August 18th in the United States District Court for the Eastern District of Texas a Complaint against Woodville Pellets, LLC (“Woodville”) alleging violations of the Clean Air Act. The Complaint...more

Vinson & Elkins LLP

VOC Emissions from Upstream Oil and Gas Operations: EPA Kicks Off 2020 Clean Air Enforcement with Two Significant Settlements

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Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more

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

Continuous Emission Monitoring System: Federal Appellate Court Addresses Mississippi Steel Mill Breach of Warranty/Contract Action

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a May 18th opinion an appeal from the United States District Court for the Northern District of Mississippi (“USDC”) of a breach of warranty...more

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

Arkansas State Implementation Plan Revisions/Volatile Organic Compounds: U.S. Environmental Protection Agency Public Notices...

The United States Environmental Protection Agency (“EPA”) published a December 21st Federal Register Notice approving a revision to the Arkansas State Implementation Plan which updates the definition of Volatile Organic...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

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Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

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