On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more...more
Twenty-four State Attorneys General filed a Petition for Review (“Petition for Review”) in the United States Court of Appeals for the District of Columbia Circuit challenging a United States Environmental Protection Agency...more
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level...more
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
The United States Environmental Protection Agency (“EPA”) issued a March 15th prepublication final rule imposing a Federal Implementation Plan (“FIP”) regarding interstate transport for the 2015 8-hour National Ambient Air...more
The United States Environmental Protection Agency (“EPA”) issued a final rule retaining the current National Ambient Air Quality Standard (“NAAQS”). This leaves in place the ozone NAAQS that was promulgated during the...more
The United States Environmental Protection Agency (“EPA”) announced on October 22nd it had finalized certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of Significant Deterioration...more
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
The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more
John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions...more
On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more
In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more
The Final EPA Rule under the Clean Air Act (“CAA”) emissions standards for the Startup, Shutdown, and Malfunction (“SSM”) Rule is out. EPA issued the Final Rule on May 22, 2015 and it’s even worse than when proposed. I...more