News & Analysis as of

Clean Air Act

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Resetting The TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017: On August 11, 2017, the U.S. Environmental Protection Agency (EPA)...more

2018 Outlook on the Clean Power Plan

Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Clare Kindall Declares Candidacy for Connecticut Attorney General- Democrat Clare Kindall, an Assistant AG at the Connecticut AG’s office, announced her bid for Connecticut AG in 2018. ...more

Mobile Sources (Title II)/Air Enforcement: U.S. Environmental Protection Agency and Curtiss, Wisconsin Refrigeration Transport...

The United States Environmental Protection Agency (“EPA”) and Abbyland Trucking, Inc. (“ATI”) entered into a December 21, 2017, Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Section 203(a)(3)(A)...more

The State AG Report Weekly Update

by Cozen O'Connor on

Consumer Protection- Washington Attorney General Amends Lawsuit Against Cable and Internet Provider, Alleges More Deceptive Conduct- Washington AG Bob Ferguson amended his lawsuit against cable and internet service...more

Closing Out 2017, EPA, BLM and BSEE Provide Public Notice of Significant Regulatory Actions

Public notice of some very significant regulatory actions has been provided in the waning days of 2017. 1. On December 28, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking...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

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

EPA Solicits Input on Greenhouse Gas Emissions Limits for Existing Electric Utility Generating Units

by Husch Blackwell LLP on

On December 18, 2017, EPA Administrator Scott Pruitt signed an advanced notice of proposed rulemaking (“ANPRM”) to solicit input regarding the emissions guidelines limiting greenhouse gas (“GHG”) emissions from existing...more

California Continues to Drive Toward Lower NOx Standards for Heavy-Duty Diesels

by Latham & Watkins LLP on

On January 12, 2018, the California Air Resources Board (CARB) will conduct a public workshop regarding CARB staff’s potential amendments to California’s heavy-duty vehicle (HDV) emission warranty requirements. According to...more

EPA Seeks Comments on Clean Power Plan Replacement

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The...more

Central Massachusetts Sand and Gravel Company Hit with $120,000 Civil Penalty for Air Violations

by Beveridge & Diamond PC on

Kimball Sand Company, Inc. agreed to pay a civil penalty of $120,000 and implement corrective actions as part of a Consent Agreement and Final Order resolving allegations that Kimball operated stone crushing and processing...more

Whiskey Aging Emissions: Supreme Court of Kentucky Addresses Whether Clean Air Act Preempts Common Law Claims

The Supreme Court of Kentucky addressed whether common law claims filed related to air emissions were preempted by the Clean Air Act. See Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. Miller, 2017. The...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Deadline Approaching For Comments On EPA’s Proposed Reporting Requirements For TSCA Mercury Inventory: As reported in our TSCAblog® item, on October 26, 2017, the U.S. Environmental Protection Agency (EPA)...more

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

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Republican Todd Atwater Announces Bid for South Carolina Attorney General- Republican state Representative Todd Atwater has declared his candidacy for South Carolina AG in 2018. ...more

5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions

by Thompson Coburn LLP on

On December 7, 2017, EPA Administrator Scott Pruitt issued a memorandum entitled, “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in...more

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...more

Funding/Clean Air Act: National Association of Clean Air Agencies December 5th Recommendation to Senate and House Appropriations...

The National Association of Clean Air Agencies (“NACAA”) submitted a December 5th letter to the Chairmen and ranking members of the Senate and House Appropriations Committees in regards to the Omnibus Appropriation Bill for...more

EPA Enforcement Is Down During First Nine Months Under Scott Pruitt

by Freeborn & Peters LLP on

The New York Times published a report over the weekend detailing a fall-off in the EPA’s enforcement activities during Scott Pruitt’s tenure as EPA Administrator.  The changes are driven by top down directives from Washington...more

112(r)(7) Air Enforcement: U.S. Environmental Protection Agency and Knoxville, Tennessee Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Republic Plastics, L.P., K-1 Facility (“RP”) entered into a November 14th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7)...more

Rising Environmental Enforcement in the Food and Drug Sector: How to Stem the Tide for Your Facility

by Kelley Drye & Warren LLP on

Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions have highlighted the extent to which these facilities are subject to a host...more

Ozone NAAQS/Clean Air Act: Earthjustice Files Suit Against U.S. Environmental Protection Agency Alleging Violation of Ozone...

The environmental organization Earthjustice filed a Federal District Court lawsuit in the United States District Court for the Northern District of California against the United States Environmental Protection Agency (“EPA”)...more

The Climate Report - Fall 2017

by Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...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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