In a much anticipated move, the Trump Administration has proposed the Affordable Clean Energy (ACE) rule as a replacement for the Obama Administration Clean Power Plan (CPP). While the CPP was controversial from the start for it broad regulation of the power industry, the ACE rule will be controversial as it signifies a 180 degree
new source review
EPA Release New National Enforcement Initiatives for 2017-2019
On February 28, 2016, U.S. EPA publicly announced its priority enforcement areas (EPA National Enforcement Initiatives or NEIs) for the next three years (fiscal years 2017-2019). The announcement provides keen insight into how EPA plans to allocate its enforcement resources in the coming years.
EPA describes the NEIs in the following manner:
"Every three
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Aggregation of Oil & Gas Equipment for Federal Air Permitting
As part of President Obama’s Clean Power Plan, the EPA recently released rule proposal directed at the oil & gas industry. On August 27, 2015, U.S. EPA published its proposed rule for "single source permitting" for the oil & gas industry. The comment period will close October 26, 2015.
The proposed rule will…
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.
Supreme Court Hears Arguments Regarding “Absurd Results” and Permitting for Greenhouse Gases
On February 24th, the Supreme Court heard oral arguments in Utility Air Regulatory Group v. EPA– the case which challenges EPA’s attempt to phase in permitting requirements for sources of greenhouse gases (GHGs). In the end, the case may be much to do about nothing…except another example of how congressional gridlock prevents logical resolutions…
EPA Maintains Tailoring Rule Thresholds for Greenhouse Gas Permitting…But the Clock is Ticking
Last month, the D.C. Circuit Court of Appeals rejected challenges to U.S. EPA’s Tailoring Rule which establishes the permitting threshold for greenhouse gas (GHG) pollutants. On July 3rd, EPA issued a rulemaking that will maintain the current GHG thresholds for the immediate future. The question is how long before environmental groups push EPA to lower the thresholds?
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Court Validates EPA’s Approach to Regulating Greenhouse Gases….What is next?
In perhaps the biggest environmental decision in decades, the D.C. Circuit Court of Appeals upheld all aspects of EPA’s complex regulation of greenhouse gases under the Clean Air Act. Each piece of EPA regulation was controversial, yet the Court validated the overall approach paving the way for future action by EPA.
Flashback several years ago, when the Obama Administration stated…
EPA Decides Not to Ratchet Down Federal Permitting Thresholds for Greenhouse Gases
On February 24th, U.S. EPA announced that it would keep in tact the greenhouse gas (GHGs) thresholds for when federal permitting requirements would be triggered. In announcing that it would not ratchet down the trigger thresholds, EPA said state permitting authorities need more time to develop proper infrastructure as well as expertise in GHG permitting.…
Court Hears Two Days of Oral Argument over the Future of Climate Change Regulation
The future direction of climate change regulation in the United States will turn on the decision of the U.S. Court of Appeals for the District Court of Columbia (D.C. Circuit) following two days of oral argument. A decision is expected as soon as this June.. There is no doubt that this may be the most…
As Dust Settles After Ozone Announcement the States Emerge as the Big Winners
The Obama Administration had already delayed issuance of a revised ozone standard three times. EPA had said repeatedly that it would it would finally promulgate the new standard by this August. Then last week, President Obama shocked many by announcing that EPA would not issue a new ozone standard until 2013.
A Little History on Ozone
Under…