News & Analysis as of

Environmental Protection Agency (EPA) Clean Air Act New Guidance

King & Spalding

Guidance on Section 45V Clean Hydrogen Production Tax Credit

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The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes? As previously outlined in our Field Guide to Clean...more

King & Spalding

IRS and Treasury Issue Guidance on Section 40B Sustainable Aviation Fuel Credit

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Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more

King & Spalding

EPA Releases a Cumulative Impacts Addendum to its Environmental Justice Tool Kit

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On January 11, 2023, EPA’s Office of the General Counsel released a Cumulative Impacts Addendum (“Addendum”) to its May 2022 publication Legal Tools To Advance Environmental Justice, continuing to signal its focus on...more

ArentFox Schiff

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

ArentFox Schiff on

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. Below, we unpack two recently announced EJ efforts: a grant program for groups in...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

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

Use of Polymerization as Treatment Method: U.S. Environmental Protection Agency RCRA Guidance

The United States Environmental Protection Agency (“EPA”) addressed in a December 4, 2020, letter a request for a regulatory determination on hazardous waste generator activities associated with polymerization (“POLYM”) as a...more

Troutman Pepper

EPA Releases New Guidance on Startup, Shutdown, and Malfunction Provisions in State Regulations

Troutman Pepper on

State strategies for regulating air emissions during periods of startup, shutdown, and malfunction (SSM) have been a controversial topic in recent years. Air emissions can be higher during periods of SSM because emitting...more

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

Source Aggregation/Clean Air Act: U.S. Environmental Protection Guidance Addressing Industries Other Than Oil and Gas

The United States Environmental Protection Agency (“EPA”) issued a November 26th guidance document titled: Interpreting “Adjacent” for New Source Review in Title V Source Determinations in All Industries Other Than Oil and...more

Stinson LLP

California Communities Against Toxics: The "Continuing Project" of Clarifying Administrative Law

Stinson LLP on

In California Communities Against Toxics v. EPA, the U.S. Court of Appeals for the DC Circuit issued an opinion that may have a lasting impact on administrative agencies’ use of guidance memos and policy statements. For...more

Williams Mullen

Environmental Notes - October 2018

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

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

New Source Review/Clean Air Act: March 13th U.S. Environmental Protection Agency Memorandum Addressing Project Emissions...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 13th guidance memorandum titled: Project Emissions Accounting Under the New Source Review Preconstruction Permitting...more

Katten Muchin Rosenman LLP

EPA Replaces the MACT "Once In, Always In" Policy

On January 25, 2018, EPA issued guidance replacing the maximum achievable control technology (MACT) "once in, always in" (OIAI) policy under the federal Clean Air Act (CAA). Memorandum from William L. Wehrum, Assistant...more

Eversheds Sutherland (US) LLP

Environmental Protection Agency’s new read on standards for sources of hazardous air pollutants

On January 25, 2018, the Environmental Protection Agency (EPA) issued a guidance memorandum reversing its 1995 “once in, always in” policy interpreting Clean Air Act (CAA) Section 112 to require sources to use maximum...more

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