EPA Proposes Tightening Cross-State Air Pollution Rule to Meet 2008 Ozone National Standard

On October 15, the U.S. Environmental Protection Agency (EPA) proposed to update its Cross-State Air Pollution Rule (CSAPR) for the 2008 ozone national ambient air quality standard (NAAQS) requiring further reduction in emissions of nitrogen oxides (NOx) from power plants in 12 states. (more…)

EPA Rule Establishing Requirements and Procedures for Guidance Documents Will Be Effective November 18

The U.S. Environmental Protection Agency (EPA) has published in the Federal Register a final rule establishing the agency’s management of guidance documents consistent with the Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents,” which will become effective on November 18. (more…)

EPA Revises National Emission Standards for Hazardous Air Pollutants General Provisions to Allow Major Sources to Reclassify as Area Sources

On October 1, 2020, the U.S. Environmental Protection Agency (EPA) issued a prepublication version of a final rule under the Clean Air Act that will allow major sources of hazardous air pollutants (HAP) to reclassify as area sources if the source reduces its potential to emit HAPs below the major source threshold (10 tons per year of any single HAP or 25 tons per year of any combination of HAPs). EPA had previously applied a “once in, always in” interpretation through a May 1995 policy memorandum issued by John Seitz, then-Director of EPA’s Office of Air Quality Planning and Standards. Under that policy, a facility designated as a major source on the first substantive compliance date of an applicable major source National Emission Standards for Hazardous Air Pollutants rule had to retain its major source status regardless of whether the source subsequently reduced its potential to emit below major source thresholds. But on January 25, 2018, EPA withdrew the May 1995 policy, laying the groundwork for EPA’s action here.


EPA Extends Deadline for High-Speed Commercial Vessels to Install Tier 4-Certified Marine Diesel Engines

On October 2, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule amending the national marine diesel engine program set forth in 40 C.F.R. Part 1042. Through the amendment, EPA is providing boat manufacturers additional lead time to install Tier 4 marine diesel engines in certain high-speed commercial vessels. Tier 4 standards — applicable to marine diesel engines at or above 600 kilowatts — were expected to be phased in between 2014 and 2017 and were based on achieving emissions reductions through aftertreatment technology, such as selective catalytic reduction. While these engines are mostly used in various types of large workboats and passenger vessels, certain engines are used in high-speed vessels that need compact and powerful engine designs. After the Tier 4 standards were fully in effect, some high-speed boat manufacturers informed EPA that they were unable to find certified Tier 4 engines with suitable performance characteristics for the vessels they needed to build.


California Governor Directs State to Develop Near-Future Zero-Emission Vehicle Sales and Operation Mandates

On September 23, 2020 California Governor Gavin Newsom issued Executive Order N-79-20, expressing the goals that:

  • by 2035, 100% of all in-state sales of new passenger cars and trucks will be zero-emission vehicles (“ZEV”);
  • by 2045, 100% of all medium-and heavy-duty vehicles in the state be zero-emission for all operations where feasible (and the same goal for drayage trucks by 2035); and
  • by 2035, the State will transition to 100% zero-emission off-road vehicles and equipment (where feasible).