Tag: Clean Air Act

‘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- […]

Chemical Manufacturer Fined for Alleged CAA, EPCRA, and CERCLA Violations

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 […]

SCOTUS Declines Review of EPA Endangerment Finding

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 […]

EPA Enforcement Roundup Q4 2023

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 […]

CAA State Implementation Guidelines for Existing Sources

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 […]

EPA Enforcement of EPCRA and General Duty Clause Requirements

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 Look at the Exceptional Events Loophole Under the CAA

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, […]

More Stringent Limits on Major NESHAP Sources Reclassifying to Area Sources

On September 22, 2023, the EPA proposed to strengthen a 2020 Clean Air Act (CAA) rule by ensuring industrial facilities that emit large amounts of hazardous air pollutants (HAPs) can’t increase emissions when reclassifying from a “major source” of emissions to an “area source.” The proposed amendments to the “Reclassification of Major Sources as Area […]

Refinery Settlement Includes Electric Lawn Equipment

On September 6, 2023, the EPA announced it reached a settlement with Suncor Energy Inc. (Suncor) resolving alleged violations of the Clean Air Act’s (CAA) fuels requirements at Suncor’s Commerce City, Colorado, refining operations. Suncor will pay a $160,660 civil penalty and has agreed to implement a supplemental environmental project, which requires the company to […]