News & Analysis as of

Air Pollution Clean Air Act Hazardous Substances

McGlinchey Stafford

EPA Grants Two-Year Extension on Coke Oven Air Toxics Compliance Following Industry Input

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The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of...more

Jones Day

EPA Proposes Repeal of 2024 Mercury and Air Toxics Standards Amendments

Jones Day on

On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more

Vinson & Elkins LLP

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

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On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Community Air Monitoring and Notification System Task Force: Louisiana Department of Environmental Quality Releases Final Report

The Louisiana Department of Environmental Quality (“LDEQ”) issued an April 28th news release announcing the release of the Final Report on the Community Air Monitoring and Notification System Task Force (“Task Force”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Criminal Enforcement: Eugene, Oregon Wood Treatment Facility Operators Sentenced for Alleged Hazardous Waste/Clean...

The United States Department of Justice (“DOJ”) issued an April 23rd news release stating that a federal judge in Oregon sentenced two companies responsible for the operation of the J.H. Baxter wood treatment facility in...more

McGlinchey Stafford

Trump Announces Presidential Exemptions Under Clean Air Act

McGlinchey Stafford on

In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA). Under Section...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Objection to Warrick County, Indiana Aluminum Production...

The United States Environmental Protection Agency (“EPA”) has issued an October 9th Order denying a Petition objecting to the issuance of a Clean Air Act Title V operating permit (“Permit”) for the Warrick Newco LLC...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Source Performance Standards/National Emission Standards for Hazardous Air Pollutants: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Air Pollutants/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Issues Associated with...

The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mercury and Toxic Standards for Power Plants: U.S. Environmental Protection Agency Final Rule Reaffirming Appropriate and...

The United States Environmental Protection Agency (“EPA”) published on February 15th a final rule reaffirming its decision that it remains appropriate and necessary to regulate hazardous air pollutants (“HAP”) from power...more

Williams Mullen

EPA Enforcement Alert: Emergency and Non-Emergency Stationary Sources Are the Focus of EPA

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​​​​​​​In a recent “Enforcement Alert,” EPA set out its intent to target owners and operators of stationary engines for compliance with Clean Air Act emissions requirements. According to the Enforcement Alert, “EPA has been...more

K&L Gates LLP

The $363 Million Dollar Question: Are Your Ethylene Oxide Emissions a Litigation Target?

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On 19 September 2022, a Cook County, Illinois jury awarded US$363 million to a plaintiff who alleged that her breast cancer was caused by emissions of ethylene oxide (EtO) from a Sterigenics facility in Willowbrook, Illinois....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Health Air Quality Act of 2022: Congressional Legislation Introduced to Expand Fenceline/Ambient Air Monitoring

Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Technology Review and Standards of Performance for Bulk...

The United States Environmental Protection Agency (“EPA”) issued last week a prepublication proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Gasoline Distribution...more

Farella Braun + Martel LLP

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

Jenner & Block

U.S. EPA’s Addition of 1-BP to CERCLA Hazardous Substance List Likely Precursor to Similar Actions on PFAS

Jenner & Block on

On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous...more

Allen Matkins

San Diego Developers and Owners Should be Aware of Changes in Asbestos Enforcement Behavior

Allen Matkins on

As one of 17 air districts in California, the San Diego Air Pollution Control District (SDAPCD) is responsible for the implementation and enforcement of a wide range of laws and regulations concerning air pollution within its...more

Clark Hill PLC

EPA’s Position That HAP Listing of 1-Bromopropane Will Trigger Immediate Major Source Obligations Likely To Be Challenged as...

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On Jan. 5, the U.S. Environmental Protection Agency (“EPA”) published a Final Rule in the Federal Register adding 1-bromopropane (“1-BP”) to the list of hazardous air pollutants (“HAPs”) under Section 112 of the Clean Air Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Designation of PFAS as CERCLA Hazardous Substances/Wastewater - Drinking Water Utility Exemption: American Water Works Association...

The American Water Works Association (“AWWA”) sent a July 19th letter to the Chairman and Ranking Member of the United States House of Representatives Committee on Rules urging support for an amendment (“Amendment 18”) to the...more

Vinson & Elkins LLP

Are PFAS Air Emission Regulations On The Horizon?

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While much of recent federal per- and polyfluoroalkyl substances (“PFAS”) regulatory activity has focused on water supply and soil contamination of PFAS compounds, the Environmental Protection Agency’s (“EPA”) ongoing...more

Foley & Lardner LLP

Revival of the General Duty Clause

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In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Finalizes Lime Manufacturing Plant Residual Risk/Technology Review

The United States Environmental Protection Agency (“EPA”) issued a July 24th Federal Register notice promulgating the final rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutions (“NESHAP”) for...more

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