News & Analysis as of

Air Pollution

Clean Air Act/Applicability Determination Index: U.S. Environmental Protection Agency Publishes Notice of Additions

The United States Environmental Protection Agency (“EPA”) maintains a compendium of written responses to certain Clean air Act inquiries from owners or operators of sources. This compendium is known as an Applicability...more

SO2 National Ambient Air Quality Standard: May 15th U.S. Environmental Protection Agency Federal Register Notice Announcing...

The United States Environmental Protection Agency (“EPA”) in a May 15th Federal Register Notice announced the availability of two documents titled: Risk and Exposure Assessment for the Review of the Primary National...more

EPA Memo Outlines Plan for Altering Review Process of Existing Air Quality Regulations

On May 9, 2018, Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a memorandum outlining a “back-to-basics” process for reviewing National Ambient Air Quality Standards (NAAQS) for criteria...more

EPA Modifies Source Determination Test; Narrows Common Control Criteria

Earlier this week, on April 30, 2018, the U.S. Environmental Protection Agency (EPA) quietly modified its source determination test that is used to determine whether emissions from nearby and closely related sources should be...more

Reefer Madness and Beyond - What Happens in California Doesn't Stay in California

by Benesch on

On April 18, 2018, the California Air Resource Board (CARB) issued a press release touting $152K they are collecting to “fund air pollution research, improve children’s health and install air monitors.” The money comes from...more

State of the Air: Arkansas Department of Environmental Quality Releases 2017 Report

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality has released a document titled: State of the Air – 2017 (“Report”) ...more

Whether by Guidance or Rule, Fundamental Changes Continue at EPA

by Burr & Forman on

Through a combination of memoranda and a recently proposed rulemaking, EPA Administrator Scott Pruitt is moving to affect longstanding and fundamental components of EPA programs. The merits (or lack thereof) may be lost as...more

California Air and Climate, Vol. 1: Bay Area Methane; CARB Bans Refrigerants, Implements Community Air Protection and Approves...

by Downey Brand LLP on

BAAQMD Developing Rules to Regulate Methane Emission - The Bay Area Air Quality Management District (“BAAQMD”), as part of its Methane Strategy, is pursuing rules to address methane emissions from several source...more

TCEQ Begins Implementation of SB 1045, Streamlining Approval of Certain Air Permits

by Beveridge & Diamond PC on

The Texas Commission on Environmental Quality (“TCEQ”) has prepared a rulemaking that will consolidate for certain New Source Review (“NSR”) air permit applications the Notice of Receipt of Application and Intent to Obtain...more

Diesel Emission Reduction Program: U.S. Environmental Protection Agency Announces Grant Funding Availability

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) issued an April 24th news release announcing grants available pursuant to the Diesel Emission Reduction Program (“DERA”). EPA states that it...more

California Regulatory Happenings for the Week of April 16 ,2018

by Buchalter on

CPUC Commissioner’s Meeting - The next Commission meeting is scheduled for 4/26/18. Agenda Items of Interest: #2 Approval of request for modifications to electric Rule 21 tariff to incorporate smart inverter phase 3...more

Nitrogen Dioxide/National Ambient Air Quality Standard: U.S. Environmental Protection Agency April 18th Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) published an April 18th Federal Register Notice addressing the National Ambient Air Quality Standard ("NAAQS") for Nitrogen Dioxide(“NO2”). See 83 Fed. Reg....more

U.S. Environmental Protection Agency Withdrawal of "Once In, Always In" Policy: California Attorney General D.C. Circuit Court of...

The California Attorney General filed an April 10th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

New Presidential Memorandum for Administrator of EPA on Accelerating NAAQS Review and Regional Haze Program

Accelerating air permitting decisions will be very helpful to almost everyone in business. An important Presidential environmental policy memorandum dated April 12, 2018 directing the Administrator of the Environmental...more

Regulatory Happenings for the Week of April 9, 2018

by Buchalter on

CPUC Commissioner’s Meeting - The next Commission meeting is scheduled for 4/26/18. Renewable Portfolio Standard (RPS) (R.1502-020) - On 5/26/17, the ALJ issued a proposed decision implementing new compliance...more

Smokestack Emissions Testing and Reporting: U.S. Environmental Protection Agency Office of Inspector General April 10th Project...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an April 10th Project Notification that it plans to: . . . begin preliminary research for an audit of the EPA’s oversight...more

U.S. EPA Region 9 Enforcement Priorities Revealed

by Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Air Enforcement: Alabama Department of Environmental Management and Colbert County, Alabama Secondary Aluminum Process Plant Enter...

The Alabama Department of Environmental Management (“ADEM”) and Constellium Muscle Shoals, LLC (“CMS”) entered into a March 16th Consent Order (“CO”) addressing violations of an air permit. The CO describes CMS as a...more

EPA withdraws Obama-era Final Determination of greenhouse gas emission standards Mid-term Evaluation

by Hogan Lovells on

U.S. Environmental Protection Agency (EPA) Administrator, Scott Pruitt, announced Monday that the agency is withdrawing the Obama-era Final Determination of the Mid-term Evaluation (MTE) of greenhouse gas (GHG) emission...more

EPA Revising Greenhouse Gas Emissions Standards For Cars And Light Duty Trucks

by Burr & Forman on

EPA Administrator Pruitt announced on Monday that the Agency has completed a midterm evaluation of greenhouse gas emissions standards for cars and light-duty trucks for the model years 2022-2025. He has determined that the...more

Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA

by Perkins Coie on

A court of appeal has held that the California Air Resources Board violated CEQA when it issued a “regulatory advisory” notifying small trucking operations that they need not meet ARB’s regulatory deadline for retrofitting...more

Air Enforcement: Arkansas Department of Environmental Quality and Izard County, Arkansas, Hardwood Flooring Mill Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and Unilin North America, LLC, (“Unilin”) entered into a March 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No....more

Landfill Emission Rule/Clean Air Act: Seven States Send Notice of Intent to Sue U.S. Environmental Protection Agency for Alleged...

Seven state Attorneys General have sent the following document to the United States Environmental Protection Agency (“EPA”) dated March 23rd: Notice of Intent to Sue for Failure to Enforce the 2016 Emission Guidelines and...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Estill Springs, Tennessee Metal Preparation...

The Tennessee Air Pollution Control Board Technical Secretary (“Board”) issued a February 27th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Universal Technologies, Inc. (“UTI”) addressing an...more

Air Quality/Arkansas Fire Policy Forum: March 29th-30th – North Little Rock, Arkansas

The Arkansas Department of Environmental Quality (“ADEQ”) and Arkansas Forestry Commission are holding on March 29th-30th in North Little Rock, Arkansas, The Arkansas Fire Policy Forum (“Forum”). The Forum is sponsored by...more

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