News & Analysis as of

Environmental Protection Agency (EPA) State Implementation Plans (SIPs) Air Quality Standards

ArentFox Schiff

EPA Approves South Coast Air Quality Management District’s Warehouse Indirect Source Rule

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On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD)...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

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The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

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

Arkansas Ambient Air Monitoring Network: Annual Network Plan for 2024-2025

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on July 1st to the United States Environmental Protection Agency (“EPA”) a document titled: Arkansas Ambient Air...more

Saul Ewing LLP

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

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The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more

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

Air Quality Standards Implementation Act of 2024: U.S. House of Representatives Passes Legislation Addressing NAAQS Development...

The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more

Quarles & Brady LLP

Industry not Breathing Easier Following Issuance of New Air Quality Standards for Fine Particulate Matter

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On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more

Locke Lord LLP

EPA’s New Particulate Rule: A ‎Particular Issue for Industry

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I. Background. On February 7, 2024, EPA issued a final rule lowering the annual health-based air quality standard for fine particulates (pm 2.5) to 9 ug/m3 from 12 ug/m3. The Rule will impact industries and many...more

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

Particulate Matter/Clean Air Act National Ambient Air Quality Standard: U.S. Environmental Protection Agency Final Rule Tightening...

The United States Environmental Protection Agency (“EPA”) announced today a final rule which will tighten the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter. EPA previously: - Stated on June 10,...more

Troutman Pepper

And so It Begins…EPA Issues First Disapproval of Regional Haze Round Two

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For anyone involved in the first round of the Clean Air Act regional haze program, the U.S. Environmental Protection Agency’s (EPA) action on the first business day of 2024 came as no surprise: EPA proposed to disapprove the...more

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

EPA's Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy: U.S. Chamber of Commerce Report Addressing...

The United States Chamber of Commerce (“Chamber”) issued a November 2023 report titled: EPA’s Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy (“Report”)...more

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

Particulate Matter/Clean Air Act NAAQS: 70 Trade Organizations' Letter to the White House Requesting Retention of Current Standard

Seventy trade groups sent an October 31st letter to Mr. Jeffrey Zients who serves as Chief of Staff in the White House addressing the Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter...more

Latham & Watkins LLP

SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation

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Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more

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

Greenhouse Gas Emissions/Clean Air Act: Eight State Attorney Generals Request that EPA Establish a National Ambient Air Quality...

A group of state and territorial attorneys general sent a July 28th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael Regan asking that a Clean Air Act National Ambient Air Quality Standard...more

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

Ozone National Ambient Air Quality Standards/Clean Air Act: Environmental Organizations File Judicial Action Alleging U.S....

Earthjustice on behalf of several other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on June 7th against the United States Environmental Protection Agency (“EPA”) for an...more

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

Interstate Transport/Ozone: Arkansas Environmental Federation Comments on U.S. Environmental Protection Agency Arkansas State...

The Arkansas Environmental Federation (“AEF”) submitted comments on April 25th to the United States Environmental Protection Agency (“EPA”) on a proposed rule disapproving an Arkansas state implementation plan (“SIP”). ...more

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

Arkansas State Implementation Plan (Infrastructure/2015 Ozone NAAQS): U.S. Environmental Protection Agency Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) issued a February 12th Federal Register Notice approving elements of the State of Arkansas’s State Implementation Plan (“SIP”) for the 2000 Ozone (O3) National Ambient...more

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

Particulate Matter NAAQS/Clean Air Act: U.S. Environmental Protection Agency Retains Current NAAQS

The United States Environmental Protection Agency (“EPA”) announced it is finalizing a rule to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard...more

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

Arkansas Department of Energy and Environment- Department of Environmental Quality State of the Air: 2019 Report Issued

The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment (“ADEE”), Division of Environmental Quality (“DEQ”) released its annual State of the Air Report (“Report”) on February 29th. Prior to...more

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

Regional Haze/Arkansas: U.S. Environmental Protection Agency Announces Approval of Five-Year Progress Report

The United States Environmental Protection Agency (“EPA”) published a final rule in the October 1st Federal Register approving the State of Arkansas’s Regional Haze Five-Year Progress Report. See 84 Fed. Reg. 51986. EPA...more

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

Good Neighbor Provision/SO2 National Ambient Air Quality Standard: U.S. Environmental Protection Agency Proposal to Approve...

The United States Environmental Protection Agency (“EPA”) published an August 8th Federal Register Notice proposing to approve an Arkansas State Implementation Plan (“SIP”) submittal. See 84 Fed. Reg. 38895. The Arkansas...more

Katten Muchin Rosenman LLP

EPA Issues Final Guidance for States for Consideration of PM2.5 Precursors

On May 30, 2019, the U.S. Environmental Protection Agency (EPA) issued a final memorandum on fine particulate matter (PM2.5) precursor demonstration guidance. Memorandum from Scott Mathias, Acting Director, EPA Air Quality...more

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

Arkansas State Implementation Plan Revisions Approval: August 8th U.S. Environmental Protection Agency Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) published an August 8th Federal Register notice containing a direct final rule that approves revisions to the Arkansas State Implementation Plan (“SIP”). See 83 Fed....more

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

Exceptional Events/Clean Air Act: Federal Appellate Court Addresses Challenge to Approval of Colorado SIP

The Tenth Circuit Court of Appeals (“10th Circuit”) addressed in a July 24th opinion a challenge to the United States Environmental Protection Agency (“EPA”)approval of a Colorado State Implementation Plan (“SIP”). See...more

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

Modified Minor Sources/Arkansas State Implementation Plan: U.S. Environmental Protection Agency Region 6 Announces Approval

The United States Environmental Protection Agency (“EPA”) Region 6 Office announced in a June 29th news release that it approved certain revisions to a State of Arkansas State Implementation Plan (“SIP”). The approved...more

Williams Mullen

Pruitt Directs Staff to Get “Back to Basics” For NAAQS Reviews

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EPA is required under the Clean Air Act (CAA) to periodically review the National Ambient Air Quality Standards (NAAQS) to ensure they reflect the most current scientific information while protecting human health and the...more

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