News & Analysis as of

Manufacturers Environmental Protection Agency (EPA) Air Pollution

Alston & Bird

EPA’s New Rule Primes the Pump to Reduce Greenhouse Gas Vehicle Emissions by 2032

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Our Environment, Land Use & Natural Resources Group unpacks the Environmental Protection Agency’s strict new standards to reduce greenhouse gas emissions from light- and medium-duty vehicles by 2032....more

Williams Mullen

Final NESHAP for Metal Coating Manufacturers Triggers Initial Performance Tests and Control Technology

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EPA recently revised the national emission standard for hazardous air pollutants for certain coating manufacturers. The result is new performance tests and controls for existing affected sources adding metal hazardous air...more

Clark Hill PLC

EPA Proposes Updates to Air Toxics and Performance Standards For Lead Acid Battery Plants

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On Feb. 11, EPA proposed updates to both the National Emissions Standards for Hazardous Air Pollutants (NESHAP) that apply to Lead Acid Battery (LAB) Manufacturing Area Sources (Subpart PPPPPP) and the New Source Performance...more

Clark Hill PLC

EPA’s Position That HAP Listing of 1-Bromopropane Will Trigger Immediate Major Source Obligations Likely To Be Challenged as...

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On Jan. 5, the U.S. Environmental Protection Agency (“EPA”) published a Final Rule in the Federal Register adding 1-bromopropane (“1-BP”) to the list of hazardous air pollutants (“HAPs”) under Section 112 of the Clean Air Act...more

BakerHostetler

Emerging Chemical Issues – Ethylene Oxide (Part 1 of 5): Why It Matters

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In the past two years, hundreds of lawsuits have been filed against companies based on their emissions of a chemical called ethylene oxide (often referred to as “EtO” or “EO”). Multiple facilities that handle EtO also have...more

Williams Mullen

D.C. Circuit Requires EPA to Consider All HAPs When Reviewing NESHAPs

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In 2001, EPA promulgated the National Emission Standards for Hazardous Air Pollutants (NESHAP) for pulp and paper combustion sources. The rule addressed some, but not all, of the hazardous air pollutants (HAPs) these sources...more

Snell & Wilmer

Viral Threat Emerges to the Vehicle Aftermarket Parts Industry

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The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Ashland City, Tennessee Water...

The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more

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

Status of Clean Air Act State Implementation Plan Submittals/Approvals: U.S. Environmental Protection Agency Office of Inspector...

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled: Status of Clean Air Act State Implementation Plan Submittals and Approvals...more

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

Emissions Averaging/Proposed NESHAP for Clay Ceramics Manufacturing: National Association of Clean Air Agencies Comments

The National Association of Clean Air Agencies (“NACAA”) submitted October 4th comments to the United States Environmental Protection Agency (“EPA”) on its proposed National Emission Standards for Hazardous Air Pollutants...more

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

Air Enforcement: U.S. Environmental Protection Agency and Delaware, Ohio Foundry Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Liberty Casting Company, LLC (“LCC”) entered into a September 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more

Pillsbury - Gravel2Gavel Construction & Real...

EPA Directed to Do Additional Work on NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics...

On July 6, the U.S. Court of Appeals for the D.C. Circuit decided the case of Sierra Club and Natural Resources Defense Council v. EPA. Senior Judge Sentelle, writing for a unanimous panel, mostly granted the environmental...more

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

Clean Air Act/Applicability Determination Index: U.S. Environmental Protection Agency Publishes Notice of Additions

The United States Environmental Protection Agency (“EPA”) maintains a compendium of written responses to certain Clean air Act inquiries from owners or operators of sources. This compendium is known as an Applicability...more

Shumaker, Loop & Kendrick, LLP

Client Alert: U.S. EPA Issues Policy Intended to Ease Pre-Construction Permitting Requirements for New and Modified Industrial and...

In what is now clear to be a series of policy changes to ease air permitting requirements for industrial and manufacturing facilities, U.S. EPA has issued its second memorandum entitled “Project Emissions Accounting under the...more

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

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

Williams Mullen

Environmental Notes - March 2018

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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

Robinson & Cole LLP

EPA Tosses Out the “Once In, Always In” Policy For Major Sources of Hazardous Air Pollutants

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On January 25, 2018, the Environmental Protection Agency (EPA) withdrew its longstanding but controversial “once in, always in” policy that a “major source” of hazardous air pollutants (HAP) was forever locked into “major...more

Seyfarth Shaw LLP

EPA Withdraws “Once In Always In” Policy For Major HAP Sources

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Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more

Foley & Lardner LLP

EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits

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In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more

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

"Once In, Always In" Policy/Clean Air Act: January 25th U.S. Environmental Protection Agency Memorandum Announcing Withdrawal

The United States Environmental Protection Agency (“EPA”) Assistant Administrator for Air, William L. Wehrum, issued a January 25th Memorandum rescinding the agency’s Clean Air Act “Once In, Always In” policy....more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Publicly Owned Treatment Works/Residual Risk and...

The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works (“POTW”). ...more

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

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

Williams Mullen

Revised MACT Standards Coming for 13 HAP Sources

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The United States District Court for the District of Columbia recently ordered EPA to update the maximum achievable control technology (MACT) emission standards for 13 sources of hazardous air pollutants (HAPs). The order was...more

Williams Mullen

Environmental Notes - July 2016

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CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Williams Mullen

EPA Issues Final Amendments to Cement Kiln NESHAP

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Effective July 27, 2015, EPA amended key components of the National Emission Standard for Hazardous Air Pollutants (NESHAP) for new and existing portland cement kilns. The changes, in part, were necessary to comply with a...more

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