Addition of Bromopropane to Hazardous Air Pollutant List a Historical First for EPA
The EPA made history on June 18, 2020, when it granted a petition to add bromopropane to its list of hazardous air pollutants.
Tag: EPA
EPA Faces Backlash, Lawsuits Over Changes to MATS
In a petition filed in the D.C. Circuit Court of Appeals on June 19, 2020, 23 advocacy groups represented by Earthjustice sued the EPA and asked the court to overturn the current administration’s updated benefit-cost analysis (BCA) for limits on coal-fired power plants’ mercury emissions. The existing Mercury and Air Toxics Standards (MATS) regulations took […]
EPA’s Proposed Cost-Benefit Analysis Rule Seeks Consistency, Transparency, and Public Comment
The EPA proposed a new rule on June 11, 2020, that would impose specific requirements for the Agency to utilize uniform and transparent “high-quality analysis” in its statutory obligations in the rulemaking process under the Clean Air Act (CAA). Many statutes, including the CAA, include cost consideration language but do not provide exact guidelines or […]
Hazardous Waste: Final Rule from EPA Modernizes Ignitable Liquids Determinations
The U.S. Environmental Protection Agency (EPA) issued a final rule on June 8, 2020, that revises the hazardous waste regulation at 40 CFR 261.21, which addresses how the characteristic of “ignitability” is identified as a hazardous waste under the Resource Conservation and Recovery Act (RCRA).
Controversial CWA Section 401 Certification Rule Finalized by EPA
Earlier this month, the EPA finalized its “Clean Water Act Section 401 Certification Rule,” which aims to increase the transparency and efficiency of the Clean Water Act (CWA) Section 401 water quality certification process to promote the timely review of infrastructure projects.
EPA Fines Fertilizer Plants, Highlighting the Failure of Many Facilities to Monitor Risks
Two recent Clean Air Act (CAA) settlements—one in Iowa and the other in Kansas—serve as a reminder for companies to review their risk management plans (RMPs) to ensure compliance with the EPA’s Chemical Accident Prevention requirements.
A Look at EPA’s Finalized Amendments for Organic Liquids Distribution Facilities
On March 12, 2020, the EPA finalized its rule amending the 2004 National Emissions Standards for Hazardous Air Pollutants for Organic Liquids Distribution (OLD NESHAP). Organic Liquids Distribution (OLD) air toxics standards regulate chemical and petrochemical facilities that manufacture, distribute, and store organic liquids, except gasoline and its derivatives. These standards limit the quantity of […]
Technological Advancements Reflected in Site Remediation NESHAP Amendments
In 2003, under the Clean Air Act (CAA), the EPA established the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Site Remediation (40 CFR Part 63, Subpart GGGGG). In 2006, the rule was revised to address questions and clarifications, as well as technical errors in the original version. Many years later, in 2019, the […]
Court Rules EPA Must Set New Limits for Omitted HAPs
The U.S. Court of Appeals for the District of Columbia decided in April 2020 that the EPA is required under the Clean Air Act (CAA) to set additional emissions limits on hazardous air pollutants (HAPs) from pulp mills covered by the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at […]
Attorneys General Take Trump Administration to Court on Rollback of Passenger Vehicle Emissions Standards
On May 27, 2020, 23 attorneys general and a handful of city attorneys filed a lawsuit challenging the Trump administration’s Safer Affordable Fuel-Efficient Vehicles (SAFE) rules revising extant fuel efficiency and emissions standards for passenger vehicles. SAFE effectively undoes President Barack Obama’s 2010 Clean Car Standards (CCS), which set forth aggressive fuel economy and greenhouse […]