Tag: Clean Air Act

EPA Enforcement Roundup Q2 2024

In the second quarter (Q2), the EPA finalized 388 settlement agreements with companies small and large across the United States. This represents a large increase in enforcement actions—up from 235 penalties—issued in Q1 for 2024. The actions taken resulted in $11,061,445 in fines. Here are some of the highlights. CAA violations yield biggest fine from […]

Company Agrees to $195K Penalty for Alleged CAA Refrigerant Violations

On June 11, 2024, the EPA announced a settlement with Andersen’s Sales and Salvage Inc., based in Greeley, Colorado, resolving alleged violations of the Clean Air Act (CAA) associated with releases of refrigerants. The consent agreement and final order require the company to pay a $195,000 penalty for these violations. “Andersen’s Sales and Salvage failed […]

D.C. Circuit Vacates SIP Calls Based Solely on SSM Exemptions

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 […]

EPA Enforcement Roundup Q1 2024

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 […]

‘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 […]