News & Analysis as of

Environmental Protection Agency (EPA) Air Pollution National Emissions Standards

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

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

Stationary Combustion Turbines/NESHAP: U.S. Environmental Protection Agency Denial of Petition to Delist

The United States Environmental Protection Agency (“EPA”) issued a final denial of a petition requesting removal of the Stationary Combustion Turbines source categories from the list of categories of major sources of Clean...more

Jones Day

EPA Finalizes New Emission Standards for Heavy-Duty Vehicles

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The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more

Knobbe Martens

New Ethylene Oxide Regulations may Raise Cost of Sterilization

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Last week, the Environmental Protection Agency (EPA) announced new regulations to reduce ethylene oxide emissions. According to the EPA’s press release, the new regulations are “the strongest measures in U.S. history to...more

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

Start Up/Shut Down/Malfunction/Clean Air Act: U.S. Court of Appeals for the D.C. Circuit Addresses U.S. Environmental Protection...

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more

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

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

Ballard Spahr LLP

EPA Proposes to Extend Air Transport Rule to Five More States

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The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more

Robinson+Cole Environmental Law +

EPA to Increase Air Monitoring at Marine Ports

In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...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

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

Mercury/Air Toxics Standards NESHAP for Coal and Oil-Fired Electric Utility Steam Generating Units: National Rural Electric...

The National Rural Electric Cooperative Association (“NRECA”) submitted June 23rd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

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On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

Foley & Lardner LLP

U.S. EPA Finalizes Step One of its “Clean Trucks Plan,” Tightening Emission Standards for Heavy-Duty Highway Engines and Vehicles...

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On December 20, 2022, the U.S. Environmental Protection Agency (“EPA”) finalized new emission standards for heavy-duty highway vehicles and engines, including heavy-duty trucks and other vocational vehicles such as fire...more

Robinson+Cole Environmental Law +

Ozone Nonattainment “Bump-up” in Connecticut: Is your facility about to get bumped into more stringent air regulations?

For air emission sources in New Haven County, Middlesex County, and Shelton, Connecticut, the regulatory landscape will change on November 7, 2022.  Per a regulation published on October 7, 2022, EPA is reclassifying the...more

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

Fugitive Emissions/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing New Source Review Regulations

The United States Environmental Protection Agency (“EPA”) is proposing revisions to the Clean Air Act’s New Source Review (“NSR”) permitting regulations. The proposed rule would require that owners and operators of...more

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

NESHAP/Bulk Gasoline Terminals: NESCAUM Comments on Proposed Technology Review/Standards of Performance

The Northeast States for Coordinated Air Use Management (“NESCAUM”) submitted August 9th comments to the United States Environmental Protection Agency (“EPA”) addressing: National Emission Standards for Hazardous Air...more

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

Public Health Air Quality Act of 2022: Congressional Legislation Introduced to Expand Fenceline/Ambient Air Monitoring

Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...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

Seyfarth Shaw LLP

EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

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Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and...more

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

Air Enforcement: U.S. Environmental Protection Agency and North Attleborough, Massachusetts Concrete Production Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Boro Sand and Stone, Corp. (“Boro”) entered into a January 30th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Air Act air...more

Vinson & Elkins LLP

VOC Emissions from Upstream Oil and Gas Operations: EPA Kicks Off 2020 Clean Air Enforcement with Two Significant Settlements

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Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more

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

Miscellaneous Coating Manufacturing/NESHAP: U.S. Environmental Protection Agency Proposed Residual Risk and Technology Review

The United States Environmental Protection Agency (“EPA”) published a September 4th Federal Register Notice proposing the results of a Residual Risk and Technology Review (“RTR”) of the Clean Air Act National Emission...more

Perkins Coie

D.C. Circuit Dismisses Clean Air Act Challenge to New EPA Policy Memorandum, Finding No “Final Agency Action”

Perkins Coie on

The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...more

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

Coke Oven Source Categories/Clean Air Act: Citizens Suit Alleges EPA Violation of Non-Discretionary Duty

The Sierra Club and other environmental organizations (collectively “Sierra Club”) filed an April 15th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental Protection Agency...more

Jackson Walker

Trying to Thread a Very Fine—and Possibly Non-Existent—Needle: EPA Proposes to Withdraw a Necessary Underpinning of the Mercury...

Jackson Walker on

In December 2011, the EPA announced the Mercury and Air Toxics Standards under Section 112 of the Clean Air Act (CAA), commonly referred to as the MATS rule. The MATS rule governs the emission of mercury from electric power...more

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

Alabama Department of Environmental Management and Operator of Washington County, Alabama, Gas Production, Treating and Processing...

The Alabama Department of Environmental Management (“ADEM”) and American Midstream Chatom, LLC (“AMC”) entered into a January 11th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No.:...more

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