News & Analysis as of

Title V Operational Permits

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

Clean Air Act Citizen Suit Enforcement/Pennsylvania Chemical Facilities: Food & Water Watch Judicial Action Alleging Allegheny...

The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Jenner & Block

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

Jenner & Block on

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

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

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

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

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

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

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

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

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

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

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

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

Williams Mullen on

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

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

Title V Air Permit: New Jersey Appellate Court Addresses Whether Modification Required Public Emergency Response Plan

The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more

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

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

McDermott Will & Emery

Clean Air Act Permit Challenges — New Rules On the Way

In the United States, the federal Clean Air Act (CAA) requires all “major sources” of air pollution, such as power plants, refineries and other large industrial facilities, to obtain permits detailing the conditions under...more

Eversheds Sutherland (US) LLP

D.C. District Court Denies Utility’s Intervention Because of Timing

On March 17, 2015, the D.C. District Court denied the Public Service Company of New Hampshire’s (PSNH’s) motion to intervene in a Sierra Club-initiated proceeding urging the U.S. EPA to object to a Title V permit for one of...more

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