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Operational Permits Environmental Protection Agency (EPA)

Latham & Watkins LLP

EPA Extends CCR Regulations to Previously Exempt CCR Units

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This post is the second in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule on requirements governing disposal of coal combustion residuals at inactive...more

Jenner & Block

New EPA Rule Removes Emergency Defense Waiver in Title V Air Permits

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On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more

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Air Enforcement: Mississippi Commission on Environmental Quality and Pontotoc Plastic Packaging Manufacturer Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Premiere Plastics, Inc. (“PPI”) entered into a March 30th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7104 21...more

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Clean Air Act Title V Petitions to Object: U.S. Environmental Protection Agency Finalizes Rule Revisions

The United States Environmental Protection Agency (“EPA”) in a February 5th Federal Register Notice issued a final rule that states it: . . . revises its regulations to streamline and clarify processes related to...more

Foley Hoag LLP - Environmental Law

The Wehrum Memo Still Isn’t Final Agency Action

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial....more

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Hazardous Waste Enforcement: Alabama Department of Environmental Management and Marshall County, Alabama Orthopedic...

The Alabama Department of Environmental Management (“ADEM”) and Orchid Orthopedic Solutions Alabama, LLC, (“OOSA”) entered into an August 20th Special Order by Consent (“Order”) addressing alleged violations of portions of...more

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Compensatory Mitigation for Losses of Aquatic Resources (Mitigation Rule): U.S. EPA/Corps of Engineers Webinar Addressing Possible...

The United States Environmental Protection Agency and Corps of Engineers (collectively “Corps”) is undertaking a review of the Comprehensive Mitigation for Losses of Aquatic Resources rule (“Mitigation Rule”). The...more

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Title V/Clean Air Act: D.C. Circuit Addresses Venue

The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more

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Takings/Mineral Rights Lessee: Court of Federal Claims Addresses U.S. Environmental Protection Agency Withdrawal of 404 Permit

The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petitions Objecting to Allegany County, New York Landfill

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to two Petitions requesting objection to the issuance of a Title V operating permit (“Permit”) for the Hyland Facility...more

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TITLE V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition Objecting to McClean County, Illinois Soybean...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an March 20th Order responding to a Petition Requesting Objection to the Issuance of a Title V Operating Permit (“Petition”) for the...more

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Challenge to UIC Class II Permit: April 29th U.S. EPA Environmental Appeals Board Decision

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an April 29th decision a challenge to an underground injection control (“UIC”) Class II Permit (“Permit”) that had...more

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Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition to Object to Commerce City, Colorado, Refinery

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an Order responding to a Petition requesting objection to the issuance of a Title V operating permit (“Permit”) for the Suncor Energy...more

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Solid Waste Landfill Post-Closure Care: NWRA/SWANA Technical Policy/Position Paper

The National Waste & Recycling Association and Solid Waste Association of North America (collectively “Associations”) have jointly issued two documents addressing closed Municipal Solid Waste (“MSW”) landfills and the issue...more

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Coal Combustion Residuals: U.S. Environmental Protection Agency Announces First Approval of a State Program (Oklahoma)

The United States Environmental Protection Agency (“EPA”) announced on June 18th that it was approving the State of Oklahoma’s application to operate a permit program for disposal of coal combustion residuals (“CCRs”) in...more

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Title V/Clean Air Act – Yuhuang Chemical, Inc. Methanol Plant (St. James Parish, Louisiana): U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued an April 2nd Order denying a Petition of Objection to a Clean Air Act Title V Permit for Yuhuang Chemical, Inc., methanol plant (“Plant”) in St. James Parish,...more

Williams Mullen

Clean Air Act New Source Review in 2018: Re-thinking Your Strategy for Compliance

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New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

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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

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Coal Combustion Residuals: U.S. Environmental Protection Agency Proposed Rule

The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more

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Hazardous Waste Enforcement: United States Environmental Protection Agency and Henry, Virginia Paint Manufacturer/Solvent Blender...

The United States Environmental Protection Agency (“EPA”) and Blue Ridge Solvents & Coatings, Inc. (“Blue Ridge”) entered into a February 9th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and...more

Williams Mullen

EPA Ends “Once In, Always In” Policy For Sources That Emit Hazardous Air Pollutants

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Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

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Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

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Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

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Draft FY 2018 – 2022 EPA Strategic Plan: October 31st Association of Air Pollution Control Agencies Comments

The Association of Air Pollution Control Agencies (“AAPCA”) submitted October 31st comments on the United States Environmental Protection Agency’s (“EPA”) Draft FY 2018 – 2022 Strategic Plan (“Plan”). EPA states the Plan...more

Williams Mullen

EPA Proposes Revisions to PSD and Title V Greenhouse Gas Permitting Regulations

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EPA recently proposed revisions to its Prevention of Significant Deterioration (“PSD”) and Title V regulations that will impact the permitting of greenhouse gases (“GHGs”). These regulatory changes are being proposed to...more

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