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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 […]
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 […]
A decision in Port Hamilton Refining and Transportation LLP v. EPA by the U.S. Court of Appeals for the 3rd Circuit found that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) Permit wasn’t required to restart operations at a St. Croix, U.S. Virgin Islands, refinery, even though the facility has been idle since […]
Effective August 14, 2023, the EPA’s rescission of the Trump-era rule “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act (CAA) Rulemaking Process” will be finalized. The rule (Benefit-Cost Rule) was rescinded “because the changes advanced by the rule were inadvisable, untethered to the [CAA], and not necessary to effectuate […]
The U.S. Environmental Protection Agency (EPA) announced a settlement with Anheuser-Busch LLC resolving the brewing giant’s violations of the Clean Air Act’s chemical accident prevention requirements and the Emergency Planning and Community Right-to-Know Act. Anheuser-Busch will pay $537,000 in penalties and implement a comprehensive safety review of all 11 of its breweries that use the refrigerant anhydrous […]
On Aril 17, 2023, Texas Attorney General (AG) Ken Paxton issued a press release announcing he was joining 18 other AGs in providing critical commentary on the EPA’s proposed rule to alter the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). In the commentary letter, the AGs state, “The EPA should withdraw the […]
Although the Inflation Reduction Act (IRA) contains many incentives for companies to decarbonize, it also contains a hidden gem for the EPA by quietly bolstering the Clean Air Act (CAA). “The IRA repeatedly defines greenhouse gas (GHG) as a form of air pollution,” reports The Atlantic. “It amends several sections of the [CAA] to define […]
On August 2, 2022, California Attorney General (AG) Rob Bonta led a coalition of 17 AGs in urging the EPA to grant, in full, California’s preemption waiver applications for its heavy-duty truck standards. Under the Clean Air Act (CAA), California may request a waiver of preemption that allows California to enforce different emissions standards for […]
In September 2021, the EPA published advance notice of proposed rulemaking, soliciting information and requesting comments to assist in the potential development of regulations for pyrolysis and gasification units that are used to convert solid or semi-solid feedstocks to useful products such as energy, fuels, and chemical commodities. The units are currently classified as waste […]
The energy industry celebrates while environmental advocates weep on the heels of a June 30, 2022, U.S. Supreme Court (SCOTUS) decision severely limiting the EPA’s authority to set greenhouse gas (GHG) emissions standards for existing power plants. The decision is a heavy blow to the Biden administration in its quest to transition the United States […]