News & Analysis as of

Clean Air Act

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

Installation of Reciprocal Internal Combustion Engines/Tucson, Arizona, Generating Station: U.S. EPA Environmental Appeals Board...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a December 3rd decision a Petition for Review (“Petition”) the Sierra Club filed challenging a Clean Air Act...more

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

Asbestos/NESHAP Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Regarding Demolition...

The Alabama Department of Environmental Management (“ADEM”) issued a proposed Administrative Order (“AO”) to Britt Demolition and Recycling, Inc. (“BDRI”) regarding an alleged violation of the Clean Air Act National Emission...more

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

President George H.W. Bush: An Environmental Protection Legacy

A quick pop quiz. What do Newt Gingrich, Nancy Pelosi, Joe Barton, Henry Waxman, Jim Inhofe, Ed Markey, Jim Sensenbrenner, Chuck Schumer, and Fred Upton have in common? The answer is provided by the League of...more

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

National Environmental Policy Act: Federal Transportation Agencies' Revised Review Processes are Effective Today

Effective today, the Federal Highway Administration (“FHWA”), Federal Transit Administration (“FTA”), and Federal Railroad Administration (“FRA”) begin operating with amended regulations to implement the purposes and...more

Beveridge & Diamond PC

Energy Trends: Is EPA Entering Its “Development Phase” for Important Oil and Gas Rules?

by Beveridge & Diamond PC on

One of this Administration’s top priorities is to improve the nation’s energy policy by removing unduly burdensome regulations. The past year has brought considerable EPA action on rules affecting electric utilities, with...more

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

Exclusions from Ambient Air: U.S. Environmental Protection Agency Announces Draft Revised Policy

The United States Environmental Protection Agency (“EPA”) issued a draft November 2018 policy document titled: Revised Policy on Exclusions from “Ambient Air” (“Draft Policy”) - EPA states by way of introduction that...more

Blank Rome LLP

New Developments in MARPOL Annex VI Compliance and Implementation

by Blank Rome LLP on

The International Maritime Organization (“IMO”), in preparing for the global 0.5 percent fuel oil sulfur limit, recently adopted an amendment to MARPOL Annex VI to support consistent implementation and enforcement of the new...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Issues Final TSCA Fees Rule: On October 17, 2018, EPA issued a final fees rule under TSCA. 83 Fed. Reg. 52694. The final rule largely tracks the proposed rule....more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Midway, Tennessee, Chemical Manufacturing Facility...

The United States Environmental Protection Agency (“EPA”) and U.S. Nitrogen LLC (“U.S. Nitrogen”) entered into an October 23rd Consent Agreement (“CA”) addressing alleged violation of Section 112(r)(7) of the Clean Air Act....more

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

Project Aggregation/Clean Air Act: U.S. Environmental Protection Agency Concludes Reconsideration of 2009 Guidance

The United States Environmental Protection Agency (“EPA”) published a November 7th Federal Register Notice described as a “Final Action” that concludes: . . . the reconsideration of an earlier action that the EPA published...more

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

U.S. House of Representatives Energy and Commerce Committee/2018 Election: Leadership Change

The election of a Democratic Majority in the United States House of Representatives last night obviously means there will be a change of leadership/control in this committee – the Energy and Commerce Committee (“E&C...more

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

U.S. Environmental Protection Agency Affordable Clean Energy Rule: October 31st Arkansas Department of Environmental Quality...

The Arkansas Department of Environmental Quality (“ADEQ”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on its proposed rule: Emission Guidelines for Greenhouse Gas Emissions...more

Williams Mullen

Affordable Clean Energy Rule: Industry Urges EPA to Provide More Guidance to States

by Williams Mullen on

Comments filed by the October 31 deadline show that industry overwhelmingly supports EPA’s proposed Affordable Clean Energy (ACE) rule. The ACE rule will regulate carbon dioxide (CO2) emissions from power plants and replace...more

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

Palmdale, California, Combined-Cycle Natural Gas-Fired Electrical Power Plant: U.S. EPA Environmental Appeals Board Addresses...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued an October 23rd decision in regards to a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”)...more

Foley Hoag LLP - Environmental Law

EPA’s Latest Particulate Review Shows Impacts Below the Current NAAQS. How Will Trump Avoid Doing Something About It?

Last week, EPA posted its draft Integrated Science Assessment for Particulate Matter. It’s the foundational document for EPA’s periodic review of its National Ambient Air Quality Standard for PM. The current standard for...more

Pillsbury - Gravel2Gavel Construction & Real...

Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by...more

Allen Matkins

California Environmental Law & Policy Update - October 2018 #4

by Allen Matkins on

Focus - President Trump orders expedited review of Delta water regulations - SACRAMENTO BEE - Oct 21 President Donald Trump last Friday signed a memorandum directing federal officials to review a broad swath of water...more

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

Arkansas Department of Environmental Quality Office of Air Quality: Quarterly Newsletter/Fall 2018

The Office of Air Quality (“OAQ”) of the Arkansas Department of Environmental Quality publishes a quarterly newsletter (“Newsletter”). OAQ recently published the Fall 2018 edition....more

Beveridge & Diamond PC

Will EPA ‘ACE’ Its Attempt to Replace the Clean Power Plan? A Deeper Dive into EPA’s Proposed Affordable Clean Energy Rule

by Beveridge & Diamond PC on

Introduction - As we have previously reported, on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed to replace the Obama Administration’s Clean Power Plan (“CPP”) with the Affordable Clean Energy...more

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

112(r)/Clean Air Act Enforcement: U.S. Environmental Protection Agency and Westfield, New York Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Welch Foods, Inc. (“Welch”) entered into a September 28th Consent Agreement and Final Order (“CAFO”) addressing alleged violations regarding the Clean Air Act...more

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

Emissions Averaging/Proposed NESHAP for Clay Ceramics Manufacturing: National Association of Clean Air Agencies Comments

The National Association of Clean Air Agencies (“NACAA”) submitted October 4th comments to the United States Environmental Protection Agency (“EPA”) on its proposed National Emission Standards for Hazardous Air Pollutants...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA To Host Best Practices For Ground Application Webinar: On September 20, 2018, EPA announced it would be hosting a webinar titled “Best Practices for Ground Application” on October 25, 2018, from 2:00...more

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

Source Aggregation/Clean Air Act: Industry Trade Associations' October 5th Comments on U.S. Environmental Protection Agency Draft...

A number of industry trade associations (“Associations”) submitted collective October 5th comments on the United States Environmental Protection Agency’s (“EPA”) draft guidance titled: Interpreting ‘Adjacent’ for New...more

Foley & Lardner LLP

Oilfield Operators Take Note: EPA is Poised to Relax Your Vapor Monitoring Deadlines and Streamline Your Bureaucratic Layers

by Foley & Lardner LLP on

Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more

Williams Mullen

Environmental Notes - October 2018

by Williams Mullen on

EPA has announced a new compliance policy that some will view as providing welcome relief to industry and others may view as providing unwarranted concessions. The subject line of the EPA memo announcing the new policy is...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
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  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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