PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an Order on April 25th denying the United States Environmental Protection Agency’s (“EPA”) Motion to Transfer the State of Arkansas’s petition...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
On March 15, 2023, EPA finalized its Good Neighbor Plan under the Clean Air Act (“CAA”), a rule designed to reduce smog-forming nitrogen oxide ("NOx") pollution from power plants and other industrial facilities in 23 upwind...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 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
The U.S. Environmental Protection Agency (EPA) has signed and is submitting for publication in the Federal Register an update to its Refrigerant Management Regulations under Section 608 of the Clean Air Act (CAA) to further...more
Last week, the “Public Health and Environmental Petitioners” challenging EPA’s decision not to reduce the ozone standard below 0.070 ppm filed their “Non-Binding Statement of Issues.” My crystal ball still tells me that the...more
EPA has issued a final rule tightening the primary ozone national ambient air quality standard (“NAAQS”) down to 70 ppb from the 75 ppb limit established in 2008. The new NAAQS takes effect on December 28, 2015 (despite the...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
On October 1, 2015, EPA finally released its final rule revising the ozone NAAQS to 70 ppb. I do not spend much time peering into a crystal ball, but I will go out on a limb and say that the industry challenges to the rule...more
Energy and Climate Debate - Energy and climate issues have had a big week, with the Senate Energy and Natural Resources Committee approving its bipartisan broad energy package and President Obama unveiling the final...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
On March 2, 2015, the U.S. Environmental Protection Agency published a final rule expanding the number of refrigerants approved for use in a variety of refrigeration and air-conditioning equipment as compliant with the...more