Category: Environmental Permitting

Looking Ahead to EPA’s 2020 MSGP

Now that we are about halfway through the 5-year permit cycle for the federal 2015 Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP), it’s a good idea to turn our attentions toward what the U.S. Environmental Protection Agency (EPA) has in store for the 2020 MSGP.

DOI Bureaus Hit with Suit over Fracking Permits

Two environmental groups have filed a suit in a U.S. District Court against the Department of the Interior (DOI) for allegedly failing to comply with federal law regarding the impact of hydraulic fracturing and acidizing being conducted at oil production platforms in California’s Santa Barbara Channel.

Stormwater: Who Is a ‘Qualified’ Person?

In the world of stormwater, certain “qualified” professionals have hefty responsibilities, such as conducting facility inspections, monitoring, and developing and certifying the stormwater pollution prevention plan (SWPPP). But, what does it really mean to be a qualified professional? Often, in National Pollution Discharge Elimination System (NPDES) stormwater permits, there is language referring to a qualified […]

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.