Tag: CAA

Power Plant Fossil Fuel Ozone

Pollution Transport Rule: Good Neighbor Obligations May Be Gone in 2023

The EPA’s implementation of Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I), also known as the Good Neighbor Provision, has been a source of conflict among the Agency, the states, industry stakeholders, and public health and environmental interest groups. That trend is continuing with the Agency’s latest action, a final rule that establishes that 20 eastern states […]

Refinery

RFS Complicated by Small Refinery Waivers

The EPA’s use of its Clean Air Act (CAA) authority to grant waivers from Renewable Fuel Standard (RFS) obligations to small refineries has for years been a top issue of contention associated with the RFS. The Agency’s use of the waiver has continued to spark negative reactions from renewable fuel advocates following the Agency’s issuance […]

EPA Offices, Washington DC

What’s EPA Enforcement Like at Other Federal Facilities and Agencies?

The EPA’s enforcement of violations of environmental laws and regulations at federal facilities is a complicated business that has been addressed by the U.S. Supreme Court (Ohio v. United States Department of Energy, 1992, which affirmed federal facility sovereign immunity with respect to the Resource Conservation and Recovery Act (RCRA)), presidential Executive Orders, and by […]

Refrigerants

EPA Wants to End Substitute Refrigerants Requirements

In a deregulatory action, the EPA is proposing to amend an Obama-era rule that extended certain regulations promulgated under Clean Air Act (CAA) Section 608, which apply to Class I and II refrigerants that are ozone-depleting substances (ODSs), to non-ODSs used as substitute for ODSs.

Alternative, Low-Cost NOx Monitoring Options from EPA

Under a new EPA proposal, approximately 310 sources subject to monitoring under the Agency’s NOx SIP Call regulations would be able to use options to the emissions monitoring requirements now required by the regulations.

Transportation fuel oil gas

GHG Program in Oregon Found (Appropriately) Discriminatory

In a majority opinion, a panel of the U.S. Court of Appeals for the 9th Circuit found that Oregon state violated neither the dormant Interstate Commerce Clause nor a provision of the federal Clean Air Act (CAA) when it assigned a carbon intensity value to transportation fuels produced out of state and imported into Oregon, […]

gasoline pump

An Update on RFS Actions

This summer saw three important actions in the EPA’s implementation of the Clean Air Act’s (CAA) Renewable Fuel Standard (RFS). First, in June, the Agency proposed its renewable fuel percentage standards for 2019 and for 2020 for biomass-based diesel. Second, several days later, the EPA issued its second report to Congress on the environmental and […]

GHG, vehicle emissions

Dissecting the Revocation of California’s CAA Waiver

The National Highway Traffic Safety Administration’s (NHTSA) and the EPA’s proposed amendments (August 24, 2018, Federal Register (FR)) to regulations governing corporate average fuel economy (CAFE) standards (NHTSA) and greenhouse gas (GHG) emissions (EPA) for model years (MYs) 2021–2026 passenger cars and light trucks will likely face legal challenges should the agencies promulgate final rules […]