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In its spring 2016 regulatory agenda, the EPA set a December 2016 completion date for its final revisions of regulations implementing Clean Air Act (CAA) Section 112(r), the Risk Management Program (RMP). Since issuing the first RMP rule in 1996, the Agency has revised the requirements at least six times. But the most recent proposed […]
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 […]
Following the $14.7 billion penalty leveled against Volkswagen®, EPA’s $12 million settlement with Harley-Davidson, Inc., over the company’s alleged sale of illegal defeat devices for use on its motorcycles, is a significant enforcement action that highlights the government’s militant stance against vehicle manufacturers it asserts are violating the Clean Air Act (CAA).
Two Clean Air Act (CAA) provisions governing deadlines for submission of state implementation plans (SIPs) to bring areas into attainment with the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM) were at the core of a recent decision by a panel of the U.S. Court of Appeals for the D.C. Circuit.
The EPA has issued a final rule that finds that greenhouse gas (GHG) emissions from aircraft contribute to air pollution that may reasonably be anticipated to endanger public health and the welfare of future generations. Having made that determination, the EPA is now obligated by the Clean Air Act (CAA) to propose and issue final […]
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to remove a restriction on when a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) permit may be rescinded.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 […]
The U.S. Environmental Protection Agency (EPA) is modernizing its approach to environmental compliance and efficiency through a project called “E-Enterprise for the Environment.” Today we will review EPA’s plans for E-Enterprise as outlined in the Agency’s 2017 budget pertaining to air quality, water quality, and inspections. Tomorrow we will look at EPA’s budgetary plans for […]
Earlier this year, former Massey Energy CEO Don Blankenship was brought to trial on charges of conspiracy to violate mandatory federal mine safety and health standards, conspiracy to impede federal mine safety officials, making false statements to the Securities and Exchange Commission, and securities fraud. Blankenship faced up to 31 years in prison on the […]
In its September 18, 2015, announcement that Volkswagen AG had installed illegal emission defeat devices in 500,000 four-cylinder diesel vehicles sold in the U.S. since 2008, the EPA said it would continue testing the company’s vehicles for compliance with the Clean Air Act.
Federalism—the cooperative legal relationship between state governments and the federal government—with regard to the Clean Air Act was addressed in a recent opinion published by a panel of the U.S. Court of Appeals for the 6th Circuit. The panel affirmed a district court finding that the right of private property owners to sue a whiskey […]