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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 […]
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 […]
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 […]
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- […]
In January 2024, chemical manufacturer Nox-Crete Inc., located in Omaha, Nebraska, agreed to pay a $37,026 EPA civil penalty and install a fire suppression system to resolve alleged violations of the federal Clean Air Act (CAA); Emergency Planning and Community Right-to-Know Act (EPCRA); and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The facility, which […]
In December 2023, the U.S. Supreme Court (SCOTUS) declined to hear a case challenging the EPA’s authority to address climate pollution under the Clean Air Act (CAA). The Concerned Household Electricity Consumers Council (CHECC) and the FAIR Energy Foundation (Fair), the two groups requesting SCOTUS review, have taken a well-known stance that denies the integrity […]
In the fourth quarter (Q4), the EPA finalized 206 settlement agreements with companies small and large across the United States. This represents a significant decrease in enforcement actions—down from 515 penalties—issued in Q3 for 2023. The actions taken resulted in $4,289,749.25 in fines. Here are some of the highlights. CAA violations yield biggest fine from […]
In November 2023, the EPA published final updates to its “Implementing Regulations” under Section 111(d) of the Clean Air Act (CAA). The Implementing Regulations set timelines and other requirements for state plans to limit pollution from existing sources under Section 111. The updates apply to state plans developed for all emissions guidelines published after July […]
Two Rhode Island companies, under separate, recently proposed settlements with the EPA, have been ordered to pay combined fines of approximately $280,000 due to alleged violations of reporting requirements for their uses of anhydrous ammonia and metals. The companies alleged violations stem from compliance with the Emergency Planning and Community Right-to-Know Act (EPCRA) and the […]
A little-known rule under the Clean Air Act (CAA) known as the “exceptional events rule” allows local regulators to exclude certain high-pollution days from their National Ambient Air Quality Standards (NAAQS) data reporting. “Exceptional Events are unusual or naturally occurring events that can affect air quality but are not reasonably controllable using techniques that tribal, […]