Category: Environmental

D.C. Circuit Vacates SIP Calls Based Solely on SSM Exemptions

The D.C. Circuit Court of Appeals recently vacated the EPA’s rule that required 32 states to revise their state implementation plans (SIP) due to exemptions that allowed for excess emissions from facilities resulting from startups, shutdowns, or malfunctions (SSM). “The agency exceeded its statutory authority in calling for a blanket removal of these ‘SSM’ exemptions […]

EPA Enforcement Roundup Q1 2024

In the first quarter (Q1), the EPA finalized 235 settlement agreements with companies small and large across the United States. This represents a slight increase in enforcement actions—up from 206 penalties—issued in Q4 for 2023. The actions taken resulted in $8,002,246 in fines. Here are some of the highlights. RCRA violations yield biggest fine from […]

Back to Basics: The Biden Administration’s Final New Auto Emissions Standards

Back to Basics is a weekly feature that highlights important but possibly overlooked information that any EHS professional should know. This week, we examine the federal government’s new final auto emissions standards. On March 20, 2024, the EPA announced final national pollution standards for passenger cars, light-duty trucks, and medium-duty vehicles for model years 2027 […]

EPA Publishes Final Amendments to Risk Management Program Regulations

On March 11, 2024, the EPA’s final rule amending the Risk Management Program (RMP) regulations was published in the Federal Register. “As major and other serious and concerning RMP accidents continue to occur, the record shows and EPA believes that this final rule will help further protect human health and the environment from chemical hazards […]

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Court Rules EPA Violated ESA in Granting Florida CWA Permitting Authority

The U.S. District Court for the District of Columbia recently ruled that the EPA violated the Endangered Species Act (ESA) in granting the state of Florida Clean Water Act (CWA) Section 404 permitting authority. The court’s order in the case, Center for Biological Diversity et. al., v. Michael S. Regan et al., vacates the Sunshine […]

Clean Energy Investments See Boost Due to Global Net-Zero Goals

According to the International Energy Agency (IEA), worldwide annual clean energy investments need to reach $4 trillion by 2030—more than triple the current amount of investments—to reach 2050 net-zero goals. “Governments across the globe are rising to the challenge, launching a host of measures to boost investment in clean energy technologies such as electric vehicles, […]

‘Demonstrated’ Argument as an Element of BACT Rejected by 5th Circuit

The 5th Circuit Court of Appeals rejected the Texas Commission on Environmental Quality’s (TCEQ) defense of “demonstrated” as an element of imposing best available control technology (BACT) in prevention of significant deterioration (PSD) permitting. CAA regulations The federal Clean Air Act (CAA) authorizes the EPA to establish nationwide air pollution standards, including standards for emissions […]

EPA Proposes New CAA Standards for LMWCs

On January 11, 2024, the EPA announced a proposal to strengthen Clean Air Act (CAA) standards for large municipal waste combustors (LMWC) that burn municipal solid waste (MSW). LMWCs are incinerators that combust greater than 250 tons per day (tpd) of MSW. “If finalized, the updated standards would reduce emissions of nine pollutants, including smog- […]

EPA Proposes Methane Fee Rule for Oil and Gas Industry

The EPA recently announced a proposed rule to assess a charge on certain large emitters of methane waste from the oil and gas sector that exceed emissions intensity levels set by Congress. The Inflation Reduction Act (IRA) of 2022 amended the Clean Air Act (CAA) to add Section 136: Methane Emissions and Waste Reduction Incentive […]

EPA Lowers Lead-Contaminated Soil Screening Levels

On January 17, 2024, the EPA issued guidance that recommends lowering the screening levels used to investigate and clean up lead-contaminated soil in residential areas where children live and play. The guidance, issued by the EPA Office of Land and Emergency Management (OLEM), marks the first time in 30 years the Agency has recommended lowering […]