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EPA Proposes Revised Cross-State Air Pollution Rule for the 2008 Ozone NAAQS

On October 29, EPA published a proposed revision to its Cross State Air Pollution Rule (CSAPR) Update in response to the remand of the rule by the D.C. Circuit. The CSAPR Update was promulgated under the Clean Air Act’s “Good...more

EPA Finalizes Clean Air Act Rule Allowing Some Major Sources to Re-Classify as Area Sources

On October 1, 2020, the Environmental Protection Agency (“EPA”) issued its final rule allowing for a source classified as a “major source” of hazardous air pollutants (“HAP”) under section 112(a) of the Clean Air Act to...more

EPA Releases New Guidance on Startup, Shutdown, and Malfunction Provisions in State Regulations

State strategies for regulating air emissions during periods of startup, shutdown, and malfunction (SSM) have been a controversial topic in recent years. Air emissions can be higher during periods of SSM because emitting...more

Hydropower Report: July 2020

Our lead article this month concerns the Council on Environmental Quality’s (CEQ) long-awaited final rule on the National Environmental Policy Act (NEPA). The rule introduces sweeping changes to the NEPA regulations, aimed at...more

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