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
EPA Overhauls Underground Storage Tank Regulations for the First Time in Over Two Decades
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EPA is proposing a whole series of new inspection and testing requirements for underground storage tanks (USTs). By expanding the types of UST systems covered under the rules, EPA is proposing to extend application of all UST regulations to entities not previously regulated, such as hospitals and universities.
EPA first promulgated regulation governing underground storage
U.S. Supreme Court Unanimously Tells EPA its Orders Can be Reviewed
On March 20, 2012, the U.S. Supreme Court handed down the much anticipated decision in Sackett v. EPA. The Court rejected U.S. EPA’s claims that its administrative enforcement orders were not subject to pre-enforcement review. The Court’s decision provides a new tool to challenge EPA administrative compliance orders.
Synopsis of the Case
The Clean Water
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
Ohio Could be at the Center of a Major Energy Transformation from Coal to Natural Gas
U.S. EPA finally issued its long awaited air pollution regulation aimed at reducing mercury emissions from coal-fired power plants- Mercury and Air Toxics Standards (MATS). MATS sets specific numeric emission standards for mercury and other air toxics from coal-fire power plants 25 megawatts in size or larger.
MATS will apply to some 1,400 generating units across
Next Round of EPA Rules and Litigation Involving Regulation of CO2
In early November, the EPA sent to OMB the next significant regulation governing greenhouse gas emissions. Under the latest rule, EPA would establish CO2 emission standards for new and modified coal-fired power plants.
The new rule is titled the Greenhouse Gas New Source Performance Standard (NSPS) for Electric Utility Steam Generating Units. The NSPS standards are based
Sackett Case Could Be a “Game Changer” on EPA Enforcement
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Back in June, the Supreme Court agreed to hear the case of Sackett v. EPA which could forever change the way EPA enforcement actions are defended. While the case involves an EPA administrative enforcement order for unauthorized filling of a wetland, the ruling potentially impacts EPA enforcement under all its major statutes- RCRA (hazardous waste), Clean Air
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
U.S. EPA to Start All Over on Numeric Limits for Construction Site Stormwater
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For over three years, U.S. EPA had been moving toward a seismic shift in how it regulated stormwater run-off from construction sites. For the first time, U.S. EPA tried to impose a numeric permit limit on the turbidity of water (sediment mixed with water) that leaves construction sites following rain events. EPA ‘s efforts are