Category: Environmental Permitting

EPA Proposes Fixes for GHG Permitting Regs

In its continuing effort to bring its Clean Air Act (CAA) greenhouse gas (GHG) regulations in line with the U.S. Supreme Court’s ruling in Utility Air Regulatory Group v. EPA (UARG v. EPA), the Agency is proposing several amendments to provisions in its Prevention of Significant Deterioration (PSD) program. Essentially, the proposal describes specific conditions […]

9th Circuit Upholds EPA’s Biomass PSD Permit

In a case that set several precedents, a panel of the U.S. Court of Appeals for the 9th Circuit denied an appeal from environmental groups seeking to have the court review a final decision by the EPA to grant a Prevention of Significant Deterioration (PSD) permit for a new biomass-burning power plant planned by Sierra […]

Proposal Would Amend Title V Petition Process

More than 20 years after first issuing rules governing the process by which parties can petition the EPA to consider possible Clean Air Act (CAA) infractions contained in Title V operating permits, the Agency is proposing a new set of requirements pertaining to such petitions and the overall petition process. The stated intent of the […]

A General Air Permit… Is It Right for Me?

Obtaining an air permit is not often a quick or simple process, but under the correct circumstances the process can be streamlined by using a general permit. Regulatory agencies often develop general permits for common source categories with similar operations, similar emissions, and similar regulatory requirements.

Proposal Would Drop Rescission Date from PSD Permitting

Referencing an opinion by the U.S. Supreme Court, the EPA is proposing to remove a restriction on when a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) permit may be rescinded. Specifically, the proposal would remove from 40 CFR 52.21(w) the provision indicating that a stationary source may request to have its PSD permit […]

Will WOTUS Rule Affect Nationwide Permits?

The U.S. Army Corps of Engineers (Corps) is proposing to renew its 50 existing nationwide permits (NWPs) and to add two new NWPs. The existing permits expire March 18, 2017, and the Corps wishes to have the reissued permits effective immediately after expiration.

Proposal Updates NPDES Provisions

The EPA has issued a proposal to update provisions under 15 headings in its National Pollutant Discharge Elimination System (NPDES) program. The proposal results in part from an ongoing directive from the White House instructing federal agencies to conduct periodic reviews of regulations to eliminate outdated requirements and reduce the compliance burden on the regulated […]

EPA Issues Draft Construction General Permit

Amendments issued following a March 2014 judicial settlement addressing EPA’s construction and demolition (C&D) rule have been included in the Agency’s draft National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (CGP). General permits under the Clean Water Act (CWA) are typically issued for 5 years; the current CGP is […]

Do you Qualify for a Construction Stormwater Low Erosivity Waiver?

If you are planning a small construction project now or in the future, did you know that you may qualify for a waiver from the U.S. Environmental Protection Agency (EPA) or your state permitting authority? Projects that qualify for the waiver are exempt from the Clean Water Act’s (CWA) National Pollution Discharge Elimination System (NPDES) […]