News & Analysis as of

New Source Performance Standards (NSPS) Clean Air Act

U.S. Environmental Protection Agency "Once In, Always In" Policy Change: Environmental Organizations File Judicial Challenge

A number of environmental organizations filed a March 26th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

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

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

by Morgan Lewis on

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

Oil and Natural Gas Sector/Clean Air Act New Source Performance Standards: U.S. Environmental Protection Agency Final Rule...

The United States Environmental Protection Agency (“EPA”) in a March 12 Federal Register notice promulgated a final rule which encompassed revisions to the Clean Air Act New Source Performance Standards (“NSPS”) for the oil...more

Air Enforcement: U.S. Environmental Protection Agency and Romulus, Michigan Hot Mix Asphalt Plant Operator Enter into Consent...

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The United States Environmental Protection Agency (“EPA”) and Ajax Materials Corporation...more

Trump EPA Will Not Stay Landfill Methane Rules

In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills. The Obama Administration’s EPA issued the final New Source...more

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

EPA Stays Landfill Methane Rules

by Williams Mullen on

EPA recently announced a 90-day stay for reconsideration of rules governing performance standards and emissions from Municipal Solid Waste (MSW) Landfills. The final rules issued in July 2016 established new source...more

EPA Issues Final Rules To Reduce Methane Emissions From MSW Landfills

by Williams Mullen on

Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more

Environmental Notes - August 2016

by Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

New EPA Air Emissions Rules Mean Greater Compliance Burden for Landfill Owners

by Beveridge & Diamond PC on

The United States Environmental Protection Agency (“EPA”) recently released two rules updating the regulation of air emissions from landfills. These rules enlarge the potential universe of landfills required to implement...more

EPA Doubles Down with Expansive New Methane Regulation

The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more

EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

by Jackson Walker on

The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more

Air Quality Regulation of Oil and Gas Development: Hydraulic Fracturing Leads to Evolving and New State and Federal Standards, and...

by Bryan Cave on

I. Introduction - Over the past several years, oil and gas production and related midstream activities in the several regions of the United States - - including Texas, the Intermountain West, North Dakota, and...more

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

by Stoel Rives LLP on

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

EPA Launches Proposed Measures to Cut Methane and VOC Emissions from Oil & Gas Industry: Agency Clarifies Permitting Requirements...

by Stinson Leonard Street on

Draft New Source Performance Standards to Reduce Methane and VOC Emissions - The oil and gas sector is the Environmental Protection Agency's (EPA) latest target regarding the reduction of GHG emissions. The White House...more

EPA’s Estimate of the “Social Cost of Methane” Used to Justify New Source Performance Standards for the Oil and Natural Gas...

by Kelley Drye & Warren LLP on

On Tuesday, August 18, 2015, the U.S. Environmental Protection Agency (“EPA”) issued proposed New Source Performance Standards (“NSPS”) under the Clean Air Act covering methane and volatile organic compound (“VOC”) emissions...more

EPA Proposes New Clean Air Act Standards for Methane and VOC Emissions by the Oil and Natural Gas Sector

by Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (“EPA”) has released the text of a draft proposed rule that seeks to amend the new source performance standards (“NSPS”) addressing methane and volatile organic compounds (“VOC”) from...more

EPA’s Clean Power Plan: Structure, Implications for the Grid, and Next Steps

by K&L Gates LLP on

The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more

EPA Oil and Gas GHG and Source Aggregation Rules Coming Soon

by Stinson Leonard Street on

Soon the Environmental Protection Agency will propose greenhouse gas (GHG) regulations for the oil and gas industry sector. The White House Office of Management & Budget (OMB) has begun formal review of an EPA proposal to cut...more

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

by Stoel Rives LLP on

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

Industry Groups Petition D.C. Circuit for Review of Revisions to Air Pollution Standards for Oil & Gas Production Sources

by BakerHostetler on

On November 22, industry groups filed in the D.C. Circuit five petitions for review of the Environmental Protection Agency’s (EPA) final amendments to new source performance standards (NSPS) governing the oil and natural gas...more

Take 2: EPA Re-Proposes Its Regulation of Greenhouse Gas Emissions from New Power Plants

by Jackson Walker on

On September 20, 2013, the U.S. Environmental Protection Agency (EPA) re-proposed its regulations to limit greenhouse gases (GHGs) emitted from newly constructed power plants, known as the GHG New Source Performance Standards...more

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