News & Analysis as of

Air Quality Standards

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

West Coast Real Estate Update - May 2018

by Holland & Knight LLP on

New Rules on the Horizon to Reduce Emissions and Improve Air Quality - Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more

California Mandates Solar for Nearly All New Homes

by Foley & Lardner LLP on

In a historic move, California has become the first state in the country to require solar panels on nearly all new homes. On May 9, 2018, the California Energy Commission (CEC) unanimously approved standards that, among...more

California Environmental Law & Policy Update - May 2018 #2

by Allen Matkins on

Focus - San Jose water agency approves up to $650 million for Delta tunnels project - THE MERCURY NEWS - May 8 In a significant boost for Governor Jerry Brown’s $17 billion plan to build two massive tunnels under the...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

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

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

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

EIR For Railyard Did Not Adequately Analyze Air Quality Impacts

by Perkins Coie on

Rejecting most challenges to the environmental impact report for a new railyard near the Port of Los Angeles, a court of appeal nevertheless held that the EIR must be decertified because it did not adequately address air...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

Modeling and Effects Review Applicability Guidance Document: Texas Commission on Environmental Quality Update

The Texas Commission on Environmental Quality (“TCEQ”) has updated: Modeling and Effects Review Applicability (“MERA”) Guidance Document (“Guidance”) ...more

Arkansas Department of Environmental Quality Office of Air Quality Quarterly Newsletter: Winter 2018

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality published the Winter 2018 edition of its quarterly newsletter. The newsletter addresses a variety of issues that come within the scope of the...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

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

California Energy Legislation Roundup 2017: A Focus on Protecting the Environment and Environmental Justice

by Morgan Lewis on

For energy industry observers, the 2017 California state legislative session produced a few significant bills (concerning extension of the cap and trade program and regulation of criteria air pollutants and toxic air...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Ninth Circuit Rejects Challenges to Arizona Highway Project

by Nossaman LLP on

On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Plastic Piping Systems Manufacturer...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tubo-FGS, L.L.C., d/b/a Fiber Glass Systems (“Tubo”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Arkansas Department of Environmental Quality/Shelby County Health Department Memorandum of Agreement: Crittenden County...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shelby County Health Department-Air Pollution Control Program (“SCHD”) entered into a Memorandum of Agreement (“MOA”) titled: AIR QUALITY MONITORING FOR...more

Pennsylvania DEP Issues New Permits Aimed to Further Regulate Methane Emissions from the Natural Gas Industry

by Steptoe & Johnson PLLC on

On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more

Arkansas Department of Environmental Quality Office of Air Quality Newsletter: Fall 2017 Edition

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality publishes a quarterly newsletter (“Newsletter). The Fall 2017 edition was recently published....more

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