News & Analysis as of

Clean Air Act NESHAP

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

New Source Performance Standards/National Emission Standards for Hazardous Air Pollutants: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more

Latham & Watkins LLP

EPA Finalizes Rule Requiring Ethylene Oxide (EtO) and Chloroprene Emissions Cuts at Chemical Plants

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The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction. On April 9, 2024, the US...more

Goldberg Segalla

EPA’s Final EtO Rule Finally Finalized

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The Environmental Protection Agency on March 14 announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to 90 large commercial sterilization facilities that use ethylene...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Bulk Gasoline Terminals

The United States Environmental Protection Agency (“EPA”) has issued a prepublication final rule addressing Clean Air Act National Emissions Standard for Hazardous Air Pollutants (“NESHAP”) for gasoline distribution...more

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

Asbestos NESHAP Criminal Enforcement: Federal Court Addresses Challenges to Indictments

A United States District Court (“Court”) (D. Idaho) addressed in a February 27th Memorandum Decision and Order (“Memorandum”) an issue arising out of the United States Department of Justice (“DOJ”) charging an individual...more

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

Removal of Affirmative Defense Provisions/NESHAP: U.S. Environmental Protection Agency Proposal Addressing Oil and Natural Gas...

The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...more

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

Title V Objection/Clean Air Act: Environmental Organizations Petition Addressing Delaware City, Delaware, Refinery

Several environmental organizations filed a document before the United States Environmental Protection Agency styled: Petition to Object to the Title V Operating Permit for the Delaware City Refinery (“Petition”)...more

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

Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) proposed revisions to the General Provisions of the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”). The proposed rule revises...more

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

Hazardous Air Pollutants/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Issues Associated with...

The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more

ArentFox Schiff

Environmental Justice Update: Louisiana Decision Upholds Use of EPA Emergency Powers

ArentFox Schiff on

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more

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

U.S. EPA Proposed NSPS/NESHAP for Synthetic Organic Chemical Manufacturing Industry: American Chemistry Council/Fuel and...

The American Chemistry Council, American Fuel & Petrochemical Manufacturers, U.S. Tire Manufacturers Association, and Vinyl Institute (collectively “ACC”) submitted July 7th comments to the United States Environmental...more

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

Small/Intermediate Gasoline Bulk Storage Plants/NESHAP: Congressional Letter to U.S. Environmental Protection Agency Requesting...

A combined 82 Senators and Members of the United States House of Representatives sent a May 22nd letter to United States Environmental Protection Agency Administrator Michael Regan addressing certain aspects of EPA’s proposed...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Amendments for Plywood/Composite Wood Products Category

The United States Environmental Protection Agency (“EPA”) has issued a prepublication proposed rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for the plywood and...more

Goldberg Segalla

Highly Anticipated Proposed EtO Rules the EPA Just Announced: Were They Worth The Wait?

Goldberg Segalla on

After years of delays – largely due to the COVID-19 pandemic – on April 11, 2023, the U.S. Environmental Protection Agency finally issued two proposals that would reduce ethylene oxide (EtO) emissions affecting fence-line...more

ArentFox Schiff

Environmental Justice Update: Four Issues to Watch in Spring 2023

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The onslaught of environmental justice-related reforms has continued in early 2023. Below, we will outline four issues to keep an eye on in the coming quarter....more

Jones Day

EPA Proposes Stricter Mercury and Air Toxics Standards for Power Plants

Jones Day on

The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more

Williams Mullen

Environmental Notes - April 2023

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EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more

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

Air Enforcement: U.S. Environmental Protection Agency and Illinois Municipal Utility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City Water, Light and Power of Springfield, Illinois (“CWL&P”) entered into an October 28th Consent Agreement and Final Order (“CAFO”) addressing alleged...more

Williams Mullen

EPA Enforcement Alert: Emergency and Non-Emergency Stationary Sources Are the Focus of EPA

Williams Mullen on

​​​​​​​In a recent “Enforcement Alert,” EPA set out its intent to target owners and operators of stationary engines for compliance with Clean Air Act emissions requirements. According to the Enforcement Alert, “EPA has been...more

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

NESHAP/U.S. Environmental Protection Agency Proposed Technology Review Standards of Performance for Bulk Gasoline Terminals:...

The Energy Marketers of America (“EMA”) submitted September 13th comments on the United States Environmental Protection Agency’s (“EPA”) proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air...more

Vinson & Elkins LLP

EPA’s Newest Target for Clean Air Act Enforcement: Stationary Engines

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The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean...more

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

Texas Oil Terminal/Clean Air Act: U.S. Environmental Protection Agency Letter Requesting Air Permit Withdrawal/Hazardous Air...

The United States Environmental Protection Agency (“EPA”) in a September 1st letter to Bluewater Texas Terminals, LLC, (“Bluewater”) addressed pending Clean Air Act permit applications for the proposed Bluewater Texas...more

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

NESHAP/Miscellaneous Coating Manufacturing: American Coatings Association Submits Comments on Proposed Technology Review/Standards...

The American Coatings Association (“ACA”) submitted comments to the United States Environmental Protection Agency (“EPA”) on the proposed amendments to the National Emission Standards for Hazardous Air Pollutants (“NESHAP”)...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Technology Review and Standards of Performance for Bulk...

The United States Environmental Protection Agency (“EPA”) issued last week a prepublication proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Gasoline Distribution...more

ArentFox Schiff

EPA Lifts 18-Year Stay on Formaldehyde Emissions Standards for Gas Turbines

ArentFox Schiff on

On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines. ...more

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