On May 24, 2022, the EPA published proposed state implementation plan (SIP) disapproval notices for air quality plans submitted by California, Nevada, Utah, and Wyoming. In each case, the Agency cited that the state failed to adequately address compliance with the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). If the proposed disapprovals are […]
On April 7, 2021, the Center for Biological Diversity and the Center for Environmental Health filed suit in the U.S. District Court for the Northern District of California seeking declaratory and injunctive relief against the EPA due to missed deadlines in reviewing nonattainment state implementation plans (SIPs) in California and Chicago. The suit names Michael […]
On October 9, 2020, EPA Administrator Andrew Wheeler issued a memorandum to EPA regional administrators addressing “the question of whether and when it may be permissible for a state to include certain types of provisions governing periods of startup, shutdown, and malfunction (SSM) in state implementation plans (SIPs) developed pursuant to section 110 of the […]
Affirmative defense provisions within state implementation plans (SIPs) have long been a controversial topic and the subject of litigation against the EPA.
A panel of the U.S. Court of Appeals for the D.C. Circuit rejected challenges the Sierra Club mounted against procedures the EPA uses to approve plans states develop to monitor compliance with the National Ambient Air Quality Standards (NAAQS).
The EPA has released a preproposal for a Federal Implementation Plan (FIP) to carry out its Cross-State Air Pollution Rule (CSAPR) in states that do not have approved state implementation plans (SIP) showing how they will comply with the CSAPR.
The Senate Majority Leader is itching to pass legislation that allows your state to opt out of the Obama administration’s CPP rule. Some states are trying to pass laws so that their legislatures will be able to veto the rule, and Oklahoma Governor Mary Fallin recently issued an Executive Order prohibiting the state’s Department of […]
Employer Trip Reduction (ETR) Under the 1990 Clean Air Act Amendments, states that have areas designated as extreme or severe nonattainment for ozone were required to revise their state implementation plan (SIP) by adopting regulations to implement ETR programs and reduce work-related vehicle trips and miles traveled by employees. In 1995, Congress amended the law, […]