Category

EPA

14 July 2020

EPA Proposes Amendments to Industrial, Commercial, and Institutional Boiler and Process Heater Standards

On July 8, 2020, the U.S. Environmental Protection Agency (EPA) published proposed amendments to the 2013 National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. The proposed amendments, the result of three remands issued by the U.S. Court of Appeals for the D.C. Circuit, revise certain maximum achievable control technology (MACT) limits and provide more explanation about other aspects of the rule.

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09 July 2020

Tenth Circuit Rejects EPA’s Position on Renewal of Clean Air Act Permits

On July 2, 2020, in Sierra Club v. United States Environmental Protection Agency, the U.S. Court of Appeals for the Tenth Circuit rejected the Environmental Protection Agency’s (EPA) interpretation of the scope of its obligations to review permits under Title V of the Clean Air Act (CAA). The court found that the plain language of EPA’s regulations requires EPA to review whether a state-issued Title V permit complies with all applicable CAA requirements, not only the requirements the state included in the permit. The issue may end up in the U.S. Supreme Court, as it diverges from a recent ruling by the Fifth Circuit.

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02 July 2020

EPA Amends Its COVID-19-Related Temporary Enforcement Guidance

On June 29, 2020, the U.S. Environmental Protection Agency (EPA) amended its COVID‑19‑related temporary enforcement policy. As previously reported, EPA issued temporary COVID-19 Enforcement Guidance on March 26, 2020, providing guidelines on how EPA will, in certain cases, exercise discretion in enforcing environmental legal obligations during the COVID-19 pandemic. (more…)

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02 July 2020

District Court: Risk Assessment Not Required Every Time EPA Revises Clean Air Act Technology-Based Standard

On June 26, 2020, a federal district court ruled that the U.S. Environmental Protection Agency (EPA) is not required to perform a risk assessment every time it revises its technology-based standards for a hazardous pollution source. Rather, the EPA is required to conduct a risk assessment only in connection with its initial adoption.

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11 June 2020

What’s Next for EPA’s Review of Toxic Substances

Companies have started reporting their manufacture or imports of newly designated high-priority substances under the Toxic Substances Control Act—and paying EPA costs for evaluating the substances’ risk. Sidley lawyers explain the risk evaluation process and how companies can strategically engage with EPA on the scope of risk evaluations.

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25 February 2020

New Administrative Petitions for Reconsideration on the RMP Reconsideration Rule: What Does It Mean for Process Safety?

On February 18, 2020, a group of states and a national trade union filed separate petitions seeking administrative reconsideration of the United States Environmental Protection Agency’s (EPA or Agency) recently finalized Clean Air Act Risk Management Plan (RMP) reconsideration rule (the Reconsideration Rule). The Reconsideration Rule became effective on December 19, 2019, and rescinds numerous provisions of the Obama administration’s January 2017 amendments to EPA’s RMP regulations under the Clean Air Act (the Amendments).

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21 November 2018

Cert Petitions May Mean Supreme Court Will Clarify Clean Water Act Jurisdiction

This article originally appeared in The WLF Legal Pulse

The definition of waters of the United States is central to the CWA.  At its core, the Act bans “the discharge of any pollutant” except in compliance with other provisions of the Act, such as the National Pollutant Discharge Elimination System (“NPDES”) permitting program.  33 U.S.C. § 1311(a).  “Discharge of a pollutant” is defined in relevant part as “any addition of any pollutant to navigable waters from any point source,” where (i) “navigable waters” are “the waters of the United States,”  and (ii) a “point source” is “any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.”  See 33 U.S.C. §§ 1362(7), (12) and (14). (more…)

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24 August 2018

U.S. EPA and DOJ Bring Criminal Prosecution for Tampering with On-Board Diagnostic Systems on Vehicles

Earlier this summer, the Department of Justice (DOJ) and Environmental Protection Agency’s (EPA) criminal office announced criminal charges against employees of an oil and gas operation for tampering with and disabling pollution controls and on-board diagnostic (OBD) systems on the company’s truck fleet. DOJ and EPA charged five employees of Rockwater Northeast LLC, a company that services the hydraulic fracturing industry, for modifying emission control and OBD systems on approximately 30 of the company’s heavy-duty diesel trucks. (more…)

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20 July 2017

House Passes Two Bills Giving More Pipeline Permitting Authority to the Federal Energy Regulatory Commission

On July 19, 2017, the U.S. House of Representatives passed a pair of bills aimed at reforming natural gas and oil pipeline permitting, and granting additional authority to the Federal Energy Regulatory Commission (“FERC”).  Both bills passed on largely party-line votes.  The two bills are H.R. 2883, Promoting Cross-Border Energy Infrastructure Act, and H.R. 2910, Promoting Interagency Coordination for Review of Natural Gas Pipelines Act.  H.R. 2883, removes the current requirement that gas and oil pipelines, as well as electric transmission projects, obtain a Presidential Permit to cross an international border.  Instead, pipelines would obtain a certificate of crossing from FERC and transmission projects would obtain such a certificate from the Department of Energy.  If enacted into law, this change would mark a significant change for oil pipeline projects.  FERC currently has no authority over any aspect of interstate oil pipeline siting.  Currently, all siting decisions not on federal lands are handled at the state level, with international border crossings overseen by the State Department through the presidential permit process.  FERC does, however, oversee the siting of interstate natural gas pipelines, including Presidential Permits for international border crossings, under current law.

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