News & Analysis as of

NESHAP

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

Lime Manufacturing Plants/NESHAP: National Lime Association Files Petition for Review before U.S. Court of Appeals for the D.C....

The National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Osceola Cellulose Food...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Viskase Companies, Inc. (“VCI”) entered into a May 6th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

King & Spalding

EJ in EPA Rulemaking

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In the first half of 2024, EPA has finalized a host of rules driven, at least in part, by concerns about disparate impacts and environmental justice. For instance, in conjunction with an April rule targeting greenhouse...more

Stinson LLP

EPA Releases Suite of Environmental Regulations for Utility Sector: What does it mean for you?

Stinson LLP on

On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Alston & Bird

EPA Finalizes Amendments to Air Toxics Standards for Ethylene Oxide Commercial Sterilizers

Alston & Bird on

Our Environment, Land Use & Natural Resources Group reviews the Environmental Protection Agency’s announcement of final amendments to the air toxics standards for ethylene oxide (EtO) commercial sterilizers....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,...

Mercury/Air Toxics Standard NESHAP for Coal and Oil-Fired Electric Utility Steam Generating Units: National Association of Clean...

The National Association of Clean Air Agencies (“NACAA”) submitted June 22nd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for Hazardous...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

ArentFox Schiff on

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

Final NESHAP for Metal Coating Manufacturers Triggers Initial Performance Tests and Control Technology

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EPA recently revised the national emission standard for hazardous air pollutants for certain coating manufacturers. The result is new performance tests and controls for existing affected sources adding metal hazardous air...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

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