News & Analysis as of

Air Pollution

Food & Ag Weekly Round-Up: February 2018 #1

by Husch Blackwell LLP on

The Business Insider discussed McDonald’s focus on chicken. USAgNet discussed a study on the impacts of air pollution on behavior....more

Environmental Notes - March 2018

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

EPA Ends “Once In, Always In” Policy For Sources That Emit Hazardous Air Pollutants

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Round-up of Clean Air Developments from 2017

by Williams Mullen on

2017 was an unusual year for environmental regulation, particularly under the Clean Air Act. A new President and new EPA Administrator have brought about significant changes to the environmental policies of their...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

Arkansas State Implementation Plan (Infrastructure)/Clean Air Act: U.S. Environmental Protection Agency Region 6 Announces...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) in a February 8th news release announced approval of the State of Arkansas’s State Implementation Plan (“SIP”) for administering programs...more

Client Alert: U.S. EPA Withdraws "Once-In, Always-In" Policy for Sources Regulated Under Section 112 of the Clean Air Act

On January 25, 2018, U.S. EPA issued a memorandum entitled "Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act." The memorandum addresses whether a source is subject to the stringent...more

EPA Replaces the MACT "Once In, Always In" Policy

On January 25, 2018, EPA issued guidance replacing the maximum achievable control technology (MACT) "once in, always in" (OIAI) policy under the federal Clean Air Act (CAA). Memorandum from William L. Wehrum, Assistant...more

USEPA Withdraws “Once In Always In” VOC Air Quality Policy

On January 25, 2018, the U.S. Environmental Protection Agency (“USEPA”) issued guidance withdrawing the “once in always in” policy for the classification of major sources of hazardous air pollutants (“HAPs”) under section 112...more

EPA Tosses Out the “Once In, Always In” Policy For Major Sources of Hazardous Air Pollutants

by Robinson & Cole LLP on

On January 25, 2018, the Environmental Protection Agency (EPA) withdrew its longstanding but controversial “once in, always in” policy that a “major source” of hazardous air pollutants (HAP) was forever locked into “major...more

Commission on Environmental Quality/Shuqualak, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Shuqualak Lumber Company, Inc., Planer Mill Division (“SLC”) entered into a December 4th Agreed Order (“AO”) addressing alleged violations of an air permit and...more

EPA Withdraws “Once In Always In” Policy For Major HAP Sources

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Arkansas State Implementation Plan

United States Environmental Protection Agency (“EPA”) issued a January 29th news release announcing approval of the State of Arkansas’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). The approval was...more

EPA's "Once In, Always In" Policy Is Tossed Out

by Pierce Atwood LLP on

On January 25, 2018, EPA announced that it was withdrawing its “once in, always in” policy for the classification of major sources of hazardous air pollutants (HAPs) under Section 112 of the Clean Air Act. Under its new...more

EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits

by Foley & Lardner LLP on

In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more

"Once In, Always In" Policy/Clean Air Act: January 25th U.S. Environmental Protection Agency Memorandum Announcing Withdrawal

The United States Environmental Protection Agency (“EPA”) Assistant Administrator for Air, William L. Wehrum, issued a January 25th Memorandum rescinding the agency’s Clean Air Act “Once In, Always In” policy....more

Withdrawal Of EPA’s “Once In Always In” Policy For Major Sources Of Hazardous Air Pollutants Reduces Burdens And Encourages...

by Husch Blackwell LLP on

On January 25, 2018, the U.S. Environmental Protection Agency (“EPA”) withdrew its 1995 “once in always in” guidance. Under that guidance, facilities classified as “major sources” of hazardous air pollutants (“HAP”) as of the...more

Farms Required to Report Air Releases from Animal Waste

by Butler Snow LLP on

On April 11, 2017, the Federal Court struck down the 2008 EPA Rule exempting most farms from reporting releases of hazardous air pollutants under CERCLA and EPCRA. The rule exempted farms which had fewer animals than large...more

Title V Air Permit: New Jersey Appellate Court Addresses Whether Modification Required Public Emergency Response Plan

The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more

Renewable Energy Update - January 2018 #3

by Allen Matkins on

Focus - 2018 could see wave of West Coast climate pollution pricing - Reuters - Jan 17 If elected officials get their way, the entire West Coast of North America could be putting a price on pollution by the end of this...more

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union...more

Arkansas Pollution Control and Ecology Commission Administrative Law Judge Recommended Decision: Alleged Cotton Plant, Arkansas...

Arkansas Pollution Control and Ecology Commission (“Commission”) Administrative Law Judge (“ALJ”) Charles Moulton issued a December 21st Recommended Decision addressing alleged violations by Tristate Contracting of Brinkley,...more

Air Enforcement: U.S. Environmental Protection Agency and Haverhill, Massachusetts School Bus Facility Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Coppola Bus, Inc. (“CBI”) entered into a December 12th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Massachusetts Air...more

Arkansas Regional Haze State Implementation Plan Revision: Arkansas Department of Environmental Quality Notice of Data...

The Arkansas Department of Environmental Quality (“ADEQ”) recently announced three items in regards to its previously proposed (October 31st) revision to the Arkansas Regional Haze State Implementation Plan (“SIP”)...more

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