News & Analysis as of

Air Pollution Public Comment

Williams Mullen

Exceptional Events Part of North Carolina Particulate Air Quality Attainment Designation

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Effective May 2024, EPA tightened the annual health-based National Ambient Air Quality  Standard (NAAQS) for fine particulate matter (PM2.5) from 12.0 µg/m3 to 9.0 µg/m3. This change was made after a review of the available...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

Morgan Lewis

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

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The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

McCarter & English, LLP

NJ DEP Proposes New “Environmental Justice” Permitting Rules

The New Jersey Department of Environmental Protection (NJDEP) released on June 6 proposed new rules that would implement parts of the Environmental Justice Law, N.J.S.A. 13:1D-157, requiring certain industrial facilities to...more

Latham & Watkins LLP

California Air Resources Board Releases Draft Scoping Plan Update

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The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #2

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Southland air regulators threaten to sue EPA for failure to control federally-regulated emissions sources Bullet - Los Angeles Times - May 10 - The South Coast Air Quality Management District (District), which oversees a...more

Troutman Pepper Locke

EPA Proposes Significant Expansion to Interstate Ozone Transport Regulations

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In a proposed rule signed on February 28, but not yet published in the Federal Register, EPA proposed to significantly expand its current approach to regulating the interstate transport of ozone. Under the so-called “good...more

Downey Brand LLP

California Air and Climate Vol 20: California to Require All-Electric Small Engines; Bay Area to Mandates All-Electric Furnaces...

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BAAQMD to Mandate All-Electric Furnaces and Water Heaters - On October 7, 2021 the Bay Area Air Quality Management District (“BAAQMD”) held a workshop to discuss proposed amendments to two of its rules (Rule 9-4 and Rule...more

Troutman Pepper Locke

EPA Proposes Revised Cross-State Air Pollution Rule for the 2008 Ozone NAAQS

Troutman Pepper Locke on

On October 29, EPA published a proposed revision to its Cross State Air Pollution Rule (CSAPR) Update in response to the remand of the rule by the D.C. Circuit. The CSAPR Update was promulgated under the Clean Air Act’s “Good...more

Lowenstein Sandler LLP

New Jersey Enacts First-Of-Its-Kind Environmental Justice Legislation

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Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more

Bricker Graydon LLP

U.S. EPA proposes to retain current particulate matter standards

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On April 14, 2020, U.S. EPA proposed to retain the current national ambient air quality standards (NAAQS) for particulate matter (PM) without revision. ...more

Snell & Wilmer

Breaking News of a Particulate Matter Regarding Air Quality

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The U.S. Environmental Protection Agency (“USEPA”) announced yesterday that it is proposing to retain the current National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5?) and course particulate...more

Allen Matkins

California Environmental Law & Policy Update - March 2020 #4

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A Note to Our Readers: Although the coronavirus and its many disruptions are dominating the news, we will continue to publish the California Environmental Law and Policy Update so long as there are newsworthy developments in...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - March 2020 (Issue 12)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - February 2020 (Issue 11)

Welcome to the Shumaker, Loop & Kendrick, LLP Environmental Update; a monthly publication dedicated to providing content regarding Ohio administrative and regulatory law, as well as up to date information on the Ohio EPA's...more

Downey Brand LLP

California Air and Climate Vol. 12: CARB Targets Railyard and At Berth Vessel Emissions; San Joaquin Valley APCD to Require...

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CARB Holds Public Workshops to Develop Measures to Reduce Railyard and Locomotive Emissions - The California Air Resources Board (CARB) recently held a series of public meetings and workshops to develop concepts to reduce...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

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In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Downey Brand LLP

California Air and Climate, Vol. 4: CARB Cap-and-Trade Amendments and Methods to Reduce Transportation GHG; BAAQMD Seeking...

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California Air Resources Board (CARB) Proposes Amendments to its Cap-and-Trade Program - On September 4, 2018, CARB proposed amendments to its greenhouse gas (“GHG”) cap-and-trade program to implement the changes required...more

Downey Brand LLP

California Air and Climate, Vol. 3: CA Solar Building Requirements; Updates from California Air Resources Board (CARB) on AB 617...

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California’s New Solar Building Requirements - On May 9, 2018, the California Energy Commission adopted revisions to the State’s Building Energy Efficiency Standards (“2019 Standards”). There are two basic options for...more

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

Title V Air Permit: New Jersey Appellate Court Addresses Whether Modification Required Public Emergency Response Plan

The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more

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

Arkansas Regional Haze State Implementation Plan Revision: Arkansas Department of Environmental Quality Notice of Data...

The Arkansas Department of Environmental Quality (“ADEQ”) recently announced three items in regards to its previously proposed (October 31st) revision to the Arkansas Regional Haze State Implementation Plan (“SIP”)...more

Downey Brand LLP

Bay Area Air Quality Management District Sets Stringent New Standards for Toxic Air Emissions at Bay Area Facilities

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On November 15, 2017, the Bay Area Air Quality Management District (“BAAQMD”) adopted sweeping new standards to reduce toxic air contaminant (“TAC”) emissions from existing stationary sources. The new rule, Regulation 11 Rule...more

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

Regional Haze: Arkansas Department of Environmental Quality Proposed State Implementation Plan Revision

The Arkansas Department of Environmental Quality (“ADEQ”) announced on October 31st proposed revisions to the State’s Regional Haze State Implementation Plan (“SIP”)....more

McDermott Will & Emery

Clean Air Act Permit Challenges — New Rules On the Way

In the United States, the federal Clean Air Act (CAA) requires all “major sources” of air pollution, such as power plants, refineries and other large industrial facilities, to obtain permits detailing the conditions under...more

Allen Matkins

California Environmental Law and Policy Update - October 2014 #4

Allen Matkins on

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

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