Tag Archives: Clean Air Act

EPA Delays Clean Air Act RMP Rule Amendments

EPA recently proposed a rule to delay the effective date of amendments to its Risk Management Plan (“RMP”) rule under section 112(r) of the Clean Air Act. If finalized, the proposed rule would push the effective date to Feb. 19, 2019, nearly two years later than the original effective date. In accordance with its decision … Continue Reading

High Court Agrees to Review EPA’s Greenhouse Gas Rule

On October 15, 2013, the Supreme Court granted certiorari in a case reviewing EPA’s greenhouse gas rule for stationary sources. Following the Supreme Court’s 2007 decision in Massachusetts v. EPA, 549 U.S. 497 (2007), where the court found that greenhouse gases could be an air pollutant under the Clean Air Act, EPA promulgated a greenhouse … Continue Reading

Preemption Argument Asserted by Power Generator Rejected by Third Circuit

The Third Circuit recently held that the Clean Air Act (“CAA”) does not preempt state common law actions against polluters. In Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., 2013 U.S. App. LEXIS 17283 (3rd Cir. 2013) (“Bell”), a class of residents living near a coal-fired electrical facility alleged that contaminants were settling on … Continue Reading

EPA Issues EPCRA Revised Tier II Reporting Rule

USEPA issued revisions to the Emergency Planning and Community Right-to-Know Act (EPCRA) Tier II inventory reporting requirements.  See Final Rule, 77 Fed.Reg. 41300 (July 13, 2012), effective January 1, 2014.  Under the revised rule issued to implement EPCRA §§ 311-312, those required to report under either Tier I or II must report the facility latitude … Continue Reading

Portland Cement Facilities Challenge New EPA Rules

On December 9, 2011, the United States Court of Appeals for the District of Columbia invalidated and delayed the implementation of certain provisions in the United States Environmental Protection Agency’s (“EPA”) new rules governing hazardous pollutants emitted from cement kilns. EPA passed the rules pursuant to the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) … Continue Reading

EPA Finds that Cincinnati Area Meets Particulate Standard Deadline

On September 29, 2011, U.S. EPA determined by Final Rule that the Cincinnati tri-state area met the April, 2010 deadline for attainment of the National Ambient Air Quality Standard for particulates (PM 2.5, 1997 annual average).  This Rule suspends the requirements for the Cincinnati Area to submit attainment demonstrations, associated reasonably available control measures (RACM), … Continue Reading

Clean Air Act Citizens’ Suits: Collateral Estoppel Bars Claims When Citizens Do Not Intervene

The Tenth Circuit Court of Appeals affirmed a district court order dismissing all Clean Air Act citizen suit claims of the Sierra Club on grounds of collateral estoppel, even though the Sierra Club was not a party to the prior administrative proceedings.  Sierra Club v. Two Elk Generation Partners, Limited Partnership, 2011 WL 2120048 (C.A. … Continue Reading