President Trump’s efforts at regulatory reform continued with the announcement on January 15, 2018 that the U.S. EPA would withdraw its “once in, always in” policy for classification of Major Sources of hazardous air pollutants (HAPs) under section 112 of the Clean Air Act. Newly sworn in Assistant Administrator of EPA’s Office of Air and
U.S. EPA Delays Ozone Designations and Demonstrates Change In Priorities
On June 6, 2017, EPA Administrator Scott Pruitt notified states that U.S. EPA was extending by one year the deadline for designating those areas in non-compliance with the 2015 ozone standard. The 2015 ozone standard is 70 parts per billion (ppb), which is lower than the prior ozone standard of 75 ppb established in 2008.…
After Lengthy Delay EPA Sets Ozone Standard at 70 ppb
As predicted last year in a prior blog post, EPA announced today that it would revise the current ozone standard of 75 ppb downward to 70 ppb. EPA had been contemplating a revised standard between 70 ppb and as low as 60 ppb.
Under the Clean Air Act, EPA is required to review the…
MATS Decision- Supreme Court Complicates EPA’s Ability to Consider Costs When Setting New Regulations
On June 29th the U.S. Supreme Court ruled in a 5-4 decision that EPA was required to consider costs of compliance when deciding whether it was "appropriate and necessary" to regulate emission of mercury and other air toxics from power plants. (Michigan v. EPA, U.S., No. 14-46, 6/29/15). The majority decision, written by…
EPA’s Long Anticipated Ozone Decision
On November 25th, U.S. EPA finally issued the long anticipated proposal to reduce the ozone standard. The EPA is proposing to revise both the primary and secondary standards to a level within the range of 65 parts per billion (ppb) to 70 ppb. The current (2008) ozone standard is 75 ppb. Under the Clean…
Retirement of Coal Power Plants Accelerates
According to a new Government Accounting Office (GAO) report released in September, actual and planned retirements of coal-fired power plants has accelerated due to new U.S. EPA rules and regulations and other market forces.
Back in 2012, GAO performed an analysis of projected closure of coal plants due to four new EPA rules:
- Cross-State Air
U.S. EPA Proposes to Designate Additional Ohio Counties as Non-Attainment with New Fine Particle Standard
Back on December 14, 2012, EPA strengthened the National Ambient Air Quality Standard (NAAQS) for fine particle pollution. The standard was strengthened from 15.0 micrograms per cubic meter (ug/m3) to 12.0 ug/m3.
Under the Clean Air Act, EPA first asks States to propose which counties should be deemed as not meeting the standard (i.e.
EPA’s Decision to Deny Ozone Petition Based in Reality
Combating ozone pollution is really about time. When I was back at Ohio EPA, we had countless meeting discussing how Ohio could (or whether it could) accelerate progress dramatically in reducing ozone pollution. During that time we would discuss "on-the-books controls" versus new state initiatives.
"On-the-book controls" referred to a suite of federal air…
Is U.S. EPA Finally Moving Toward a Stricter Ozone Standard
The Obama Administrative continues to be heavily criticized by industry for its aggressive development of greenhouse gas regulations. In contrast to the dizzying pace of new greenhouse gas regulations stands finalization of a new ozone standard…something the President promised to do after being elected to his first term.
Under the Clean Air Act, EPA is…
Court Orders Ohio EPA to Add More Compounds to “Air Toxics List”
Back in 2006, when I was Ohio EPA, I worked on Senate Bill 265 which was the first major overhaul in air pollution regulation in Ohio in over a decade. One component of S.B. 265 was to provide authority to Ohio EPA to regulate air toxics.
Prior to enactment of S.B. 265, Ohio EPA…