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On December 6, 2012, the Ohio Supreme Court issued a rare opinion pertaining to the proper calculation of civil penalties in the context of an environmental enforcement action. The decision has serious ramifications for any company that is required to perform stack tests to demonstrate compliance with air emission standards. It also may impact any
Federal Court Overturns EPA’s Interpretation of a “Single Source” for Title V Air Permitting
When the Title V permitting program was created it was sold as a way to simplify complex air permitting. U.S. EPA said that it would allow large facilities to aggregate all their air pollution sources under one permit. EPA indicated this would make it easier for businesses to track their requirements.
What emerged from this "simplified"
Power Plant Reductions- EPA Gets it Wrong….Again
On August 21st, the D.C. Circuit Court vacated U.S. EPA’s Cross-State Air Pollution Rule (CSAPR) also known at the "Transport Rule." This is not the first time EPA has had its power plant pollution reduction rule vacated. The Transport Rule was the replacement to the Clean Air Interstate Rule (CAIR) which was also struck down
U.S. EPA Proposes New P.M. 2.5 Federal Air Quality Standard
Under increasing pressure from the Courts, EPA announced on June 14th its proposed revision to the federal air quality standard for fine particles (microns less than 2.5). The last standard was 15 ug/m3 which was established in 1997. EPA is now proposing to lower the standard somewhere between 12 and 13 ug/m3.
Back in 2009, the Court
Appeals Court Revokes Injunction Which Had Blocked Ohio EPA’s BAT Exemption for Small Air Pollution Sources
Back in 2006, the Ohio Legislature passed Senate Bill 265 which was hailed as the biggest change to air pollution control regulations in Ohio in several decades. The center piece of the legislation was an exemption for smaller sources of air pollution (10 tons per year or less) from having to comply with Ohio’s Best Available
Ohio EPA Asbestos Abatement Rule Changes Could be Costly
Ohio EPA has finalized changes to its asbestos regulations which govern notification and work practices for asbestos abatement. Ohio EPA described the changes as minor. However, one change in particular could impact asbestos abatement contractors.
Ohio EPA modified the definition of "friable asbestos material" appearing in Ohio Administrative Code Section 3745-20-01. The only change
March 30th Deadline for $10 Million in Diesel Grants
Companies and public entities that own diesel vehicles have until March 30th to submit an application for grant funding to pay for engine repower, retrofit and/or installation of idle technology. Ohio EPA released its request for proposal to solicit applications for $10 million in grant funding in 2012 under its Diesel Emission Reduction Grant (DERG)
Ohio EPA Issues “Faster Air Permit” for Shale Gas Sites
In anticipation of an influx of shale gas drilling operations coming to the State, Ohio EPA decided to try and get ahead of the curve by developing an expedited permit to cover air emissions from such operations.
On February 1st, Ohio EPA issued a final air pollution general permit to cover production operations at shale
EPA Won’t Seek to Enforce Boiler MACT Deadlines After Recent Court Decision
In my prior post, I discussed the recent federal court ruling with found EPA’s self-imposed stay of the Boiler MACT illegal. Following the Court’s ruling, concern was immediately raised by industry that they would be subject to the original deadlines that appear in the 2011 rulemaking.
Yesterday, Administrator Jackson responded to a letter from Senator
Court Throws Out EPA’s Self-Imposed Stay of Boiler MACT
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On February 11, 2011, EPA issued two rules regulating hazardous air pollutants (HAPs) from thousands of industrial sources. First, the "Boiler MACT" imposed standards on industrial, commercial and institutional boilers and process heaters. Second, the "CISWI" imposed standards on commercial and industrial solid waste incinerators.
Both rules were very controversial due to their wide