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Tag Archives: Clean Air Act

U.S EPA Publishes Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of HAPs

Posted in Energy, Environment
This post is an update to our October 2, 2020 blog post regarding U.S EPA’s final rule overturning U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants. Notably, the final rule was published in the November 19, 2020 Federal Register and, thus, the rule becomes effective on January 19, 2021.… Continue Reading

U.S. EPA Issues Final Rule Overturning ‘Once In, Always In’ Policy for Major Sources of Hazardous Air Pollutants

Posted in Energy, Environment
This post provides an important update to our January 2018 Client Alert regarding U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants (HAPs). On October 1, 2020, U.S. EPA issued a final rule amending the general provisions of the National Emission Standards for Hazardous Air Pollutants (NESHAP), at 40 CFR… Continue Reading

D.C Circuit Court Stay’s U.S. EPA’s Amendments to New Source Performance Standards for Oil/Gas Industry

Posted in Energy, Environment
This post provides important updates to our August 17, 2020 post regarding U.S. EPA’s amendments to the 2012 and 2016 New Source Performance Standards (NSPS) for the Oil and Natural Gas Industry (40 CFR 60, Subpart OOOO and 40 CFR 60, Subpart OOOOa). First, U.S. EPA published the final amendments in the Final Register on… Continue Reading

U.S. EPA Proposes Rule Governing Cost Benefit Analysis for Significant CAA Regulations

Posted in Energy, Environment
On June 4, 2020, U.S. EPA proposed a rule to improve the consistency and transparency of benefit cost analyses (BCAs) for all “significant” proposed and final regulations under the Clean Air Act (CAA). The proposed rule, developed in response to comments on U.S. EPA’s June 12, 2018 Advance Notice of Proposed Rulemaking and Administrator Wheeler’s… Continue Reading

U.S. EPA Redesignates Ohio Portion of Stubenville OH-WV SO2 Nonattainment Area

Posted in Environment
On November 29,2019, U.S. EPA issued a final rule redesignating the Ohio portion of the Stubenville Ohio-West Virginia nonattainment area from nonattainment to attainment of the 2010 SO2 National Ambient Air Quality Standards (NAAQS), pursuant to section 107(d)(3)(E) of the Clean Air Act. EPA determined that Ohio demonstrated that the area is attaining the SO2… Continue Reading

USEPA Proposes to Redesignate Columbus Area in Attainment of 2015 Ozone NAAQS

Posted in Environment
On July 3, 2019, USEPA issued a proposed rule finding the Columbus, Ohio area is attaining the 2015 ozone National Ambient Air Quality Standard (NAAQS). The Columbus area is currently designated as nonattainment for the 2015 ozone NAAQS. However, in response to Ohio EPA’s request for redesignation to attainment supported by monitoring data for 2016-2018,… Continue Reading

U.S. EPA Finalizes New Owner Clean Air Act Audit Program for Oil and Natural Gas Sector

Posted in Energy, Environment
On March 29, 2019, U.S. EPA finalized a New Owner Clean Air Act (CAA) Audit Program for new owners of upstream oil and natural gas exploration and production facilities – i.e. well sites, tank batteries, and vapor control systems (the “Program”). The Program encourages new owners voluntarily to conduct a self-audit of newly acquired facilities,… Continue Reading

Sixth Circuit Holds Environmental Groups Lack Standing to Challenge Air Permits for NEXUS Pipeline Compressor Stations

Posted in Energy, Environment
On February 21, 2019, the Sixth Circuit Court of Appeals dismissed a petition for review of air permits issued by Ohio EPA for two compressor stations to be constructed along the NEXUS pipeline in Ohio. The Court dismissed the petition for review for lack of jurisdiction, holding the environmental groups that filed the petition for… Continue Reading

U.S. EPA Proposes Amendments to Performance Standards for Oil and Natural Gas Sector

Posted in Energy, Environment
On October 15, 2018, USEPA proposed amendments to the new source performance standards (NSPS) for the oil and natural gas sector at 40 CFR Part 60, Subpart OOOOa (“Subpart OOOOa”). The proposed amendments to Subpart OOOOa are a result of USEPA’s reconsideration of certain aspects of Subpart OOOOa in 2017. Specifically, the proposed amendments address… Continue Reading

5th Circuit Holds Statute of Limitations Does Not Apply to Government’s Injunctive Relief Claim for Clean Air Act Preconstruction Permit Violation

Posted in Energy, Environment
On October 1, 2018, the 5th Circuit Court of Appeals upheld the dismissal of claims for civil penalties for violations of the Clean Air Act’s (“CAA”) major source Preconstruction permit requirement (CAA § 165(a); 42 U.S.C. § 7475(a)) because the claims were filed more than five years after the claim accrued, but held that the… Continue Reading

States and Industry Groups Challenge U.S. EPA’s Oil & Gas Methane Regulations

Posted in Energy, Environment
In July, the State of North Dakota filed suit in the U.S. Court of Appeals for the D.C. Circuit challenging U.S. EPA’s final rule amending the Agency’s 2012 New Source Performance Standards for the Oil and Gas Sector. Opposition to the amendments, which became effective on August 2, 2016, has increased significantly since North Dakota… Continue Reading

U.S. EPA Amends GHG Reporting Requirements for Oil and Natural Gas Sector

Posted in Energy, Environment
On October 22, 2015, U.S. EPA published a final rule amending the greenhouse gas (GHG) reporting requirements for the petroleum and natural gas systems source category, 40 CFR Part 98, Subpart W. The final amendments to Subpart W require the reporting of GHG emissions from completions and workovers of oil wells with hydraulic fracturing as… Continue Reading

USEPA Lowers Ozone Emissions Standard

Posted in Energy, Environment
On October 1, 2015, U.S EPA issued a final rule lowering the national ozone emissions standard from 75 parts per billion (ppb) to 70 parts per billion. This more stringent standard will require states to submit compliance plans to U.S. EPA that could significantly impact industry operations across the country.  Based on monitored air quality… Continue Reading

U.S. Supreme Court Limits EPA Authority to Regulate Power Plant Emissions

Posted in Environment
Today, the U.S. Supreme Court held that EPA must consider compliance costs before regulating hazardous air pollutants (HAPs) from coal- and oil-fired power plants.  Section 112 of the Clean Air Act authorizes EPA to regulate HAPs from power plants if the Agency finds that regulation is “appropriate and necessary.” 42 U.S.C. § 7412(n)(1)(A).  In 2012,… Continue Reading

Sixth Circuit Holds U.S. EPA Can Question Pre-Construction Emission Projections

Posted in Environment
On March 28, 2013, the U.S. Court of Appeals for the Sixth Circuit held that U.S.EPA has the authority to challenge pre-construction emissions projections and may bring an enforcement action against a company operating without a construction permit.  Under the Clean Air Act, a proposed project that would result in a “significant emissions increase” constitutes… Continue Reading

Final NSPS Rule

Posted in Energy, Environment
After publication in today’s Federal Register, U.S. EPA’s final air emission rules became effective for oil and gas production and natural gas transmission and storage facilities. The rules implement New Source Performance Standards (“NSPS”) for volatile organic compounds (“VOC”) and sulfur dioxide (“SO2”), and National Emissions Standards for Hazardous Air Pollutants (“NESHAP”). The new NSPS… Continue Reading

Air Act Aggregation Win for Summit Petroleum

Posted in Energy, Environment
Yesterday, the U.S. Court of Appeals for the Sixth Circuit issued its decision in the Summit Petroleum case rejecting USEPA’s attempt to aggregate production and processing facilities as one “stationary source” for Title V permitting. This decision overturns USEPA’s long-standing requirement that permitting authorities must look at the “functional relationship” between two or more separate… Continue Reading

New Clean Air Act Citizen Suit Ruling

Posted in Environment
On May 25, 2012, the Sixth Circuit Court of Appeals issued a decision in Sierra Club, et al. v. Korleski in which the court determined that the Clean Air Act does not authorize citizen suits against the Ohio EPA for alleged violations of emission standards or limitations. The case involved the Sierra Club’s challenge of… Continue Reading

EPA Issues Updated Air Pollution Standards for Oil and Natural Gas

Posted in Environment
Today USEPA issued its final rules that provide New Source Performance Standards (NSPS) for volatile organic compounds (VOC) and sulfur dioxide, and National Emission Standards for Hazardous Air Pollutants (NESHAP) for oil and gas production and natural gas transmission and storage. Integral to the rules is the requirement that producers capture VOC emissions and methane during… Continue Reading