By Jeryl L. OlsonKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the classification of certain major sources of hazardous air pollutants under section 112 of the Clean
Continue Reading EPA Withdraws “Once In Always In” Policy for Major HAP Sources

By Andrew H. Perellis and Patrick D. Joyce

Supreme CourtIn a 5-4 ruling, the U.S. Supreme Court today ruled that the EPA acted unreasonably when it refused to consider the cost of implementing its Mercury and Air Toxics Standard (MATS).

The MATS rule, issued in 2012, established emissions limits from power plants for mercury, filterable particulate matter, and hydrogen chloride. 

Continue Reading Supreme Court: EPA Must Consider Cost Of Implementing Regulations

By Jeryl L. Olson, Meagan Newman and Craig B. Simonsen

112rEnforcementThe U.S. Environmental Protection Agency has just released an Enforcement Alert on accidental releases of chemicals, including anhydrous ammonia at refrigeration facilities, under the Clean Air Act’s (CAA) Chemical Accident Prevention Program.

This Enforcement Alert comes in seeming coordination with the EPA’s recent news release about several anhydrous
Continue Reading EPA Enforcement Alert that Refrigeration Facilities are Under Scrutiny

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency, in response to Executive Order 13650, Improving Chemical Facility Safety and Security (EO), is publically, through a Federal Register notice, requesting public comments on “potential revisions” to its Risk Management Program. 79 Fed. Reg. 44604 (July 31, 2014).

This request is part of an effort highlighted in
Continue Reading EPA Request for Information on Clean Air Act Accidental Release Prevention Program

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

The Third Circuit concludes that the U. S. Environmental Protection Agency may not force former facility owners to obtain missing preconstruction permits or to install missing pollution controls on a plant that they no longer own or operate — as it did not cry foul until more
Continue Reading Third Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a Preconstruction Permit is Not a Continuing Violation of the Clean Air Act

By Andrew H. Perellis and Jeryl L. Olson

How much change can occur without a permit is a contentious and difficult question.

A Clean Air Act major source undergoing construction or modification needs to obtain a construction permit under 42 U.S.C. §7475(a) that would then obligate it to install best available control technology (BACT). However, mere repairs to an existing
Continue Reading USA v. Midwest Generation — Seventh Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a PSD Construction Permit is Not a Continuing Violation of the Clean Air Act

By Jeryl L. Olson, Eric E. Boyd, and Craig B. Simonsen

The U.S. Environmental Protection Agency (EPA) has, in an impressive almost 800 page publication, finalized its fine particulate matter rule to strengthen the National Ambient Air Quality Standard (NAAQS) for fine particles (PM2.5) to 12.0 micrograms per cubic meter (µg/m3). 78 Fed. Reg. 3086 (January 15, 2013). The

Continue Reading EPA Publishes Massive Final Rule on Particulate Matter

By Jeryl L. Olson and Eric E. Boyd

On August 7th, in Summit Petroleum Corp. v. EPA, a panel of the United States Court of Appeals for the Sixth Circuit vacated a decision by the U.S. Environmental Protection Agency (EPA) that Summit Petroleum’s natural gas operations plant and wells located in a 43-square mile area near the plant were

Continue Reading Plants Must Actually be “Adjacent” to Constitute a Single Source for Air Permitting Purposes

By Craig B. Simonsen

We had previously blogged about the U.S. Environmental Protection Agency’s  (EPA’s) Greenhouse Gas (GHG) “tailoring rules” for Prevention of Significant Deterioration (PSD) and Title V permitting, and about its GHG “Endangerment Finding“. Yesterday the D.C. Circuit Court of Appeals has ruled concerning both of these rulemakings. Coalition for Responsible Regulation, Et al.

Continue Reading DC Circuit Rules on EPA Tailoring Rules and “Endangerment Finding”

By Jeryl L. Olson, Eric E. Boyd, and Craig B. Simonsen

In a not unexpected final rule issued today by the U.S. Environmental Protection Agency (EPA) it has listed the “Chicago-Naperville, IL-IN-WI Nonattainment Area” as marginal nonattainment. 77 Fed. Reg. 34221 (June 11, 2012). The rulemaking promulgates the initial air quality designations for twelve counties in Illinois, Indiana, and Wisconsin

Continue Reading EPA Designates the Chicagoland Area as Marginal Nonattainment for Ozone