Category Archives: Air

Michigan v. EPA – Setting the Stage for The Clean Power Plan and WOTUS

On June 28, 2015, the U.S. Supreme Court filed its 5-4 ruling on the challenge to US EPA Mercury Air Toxics (MATS) rule.  Michigan, et al. v. Environmental Protection Agency, et al., No. 14-46.  http://www.supremecourt.gov/opinions/14pdf/14-46_10n2.pdf.  In short the decision reverses and remands the lower court, Court of Appeals of the D.C. Circuit, decision determining it… Read More »

WV Division of Air Quality Public Hearing on 2016 Proposed Legislative Rules

On June 18, 2015, the West Virginia Division of Air Quality announced a public hearing to take comment on the 2016 proposed legislative rules. The public hearing will take place at the WV DEP headquarters in Charleston on Monday July 6, 2015 at 6 p.m.   The public comment period will end at the conclusion of… Read More »

Ohio EPA Seeks Additional Information When Permitting Gas Dehydration Facilities

Ohio EPA’s Division of Air Pollution Control has issued a new guidance document directed at applicants for air permits associated with dehydration facilities (primarily midstream companies and natural gas compressors). The guidance notes that Ohio EPA has recently received applications for dehydration facilities that did not contain sufficient information for the agency to process the… Read More »

PA Court Declines to Aggregate Separate Compressor Stations

A Pennsylvania Court recently considered whether a genuine issue of material fact exists as to whether the air contamination sources are “adjacent”, thereby rendering a natural gas operators compressor facilities ineligible for GP-5 (minor source) air permits and requiring the natural gas operator to meet heightened (major source) air emission permitting requirements. See, Citizens for… Read More »

Ohio EPA Seeks Early Stakeholder Input on Sulfur Dioxide Rules

Ohio EPA is seeking early stakeholder input[1] on potential amendments to Ohio’s sulfur dioxide regulations as part of the five-year rule review process mandated by ORC §119.032. The rules, which are found at Ohio Administrative Code Chapter 3745-18, contain requirements for the prevention of sulfur dioxide emissions into the atmosphere from fuel burning and process equipment.… Read More »

G80-A – Class II General Permit for Natural Gas Activities

On January 21, 2015 the WVDEP Division of Air Quality announced a rollout meeting for February 5, 2015 to release the draft new air quality general permit for natural gas activities. The new general permit (G80-A) will cover prevention and control of air pollution in regard to natural gas production, compressor and/or dehydration facilities.  

MATS Corrections

EPA is proposing to correct certain text of the final MATS Rule officially titled “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.”  The December 19, 2014 Signature version, not yet published is… Read More »

EPA’s 2012 Primary Annual Fine Particle Designation Identifies Attainment Status for All of West Virginia

EPA designated all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS) by rule on December 18, 2014. This is significant for industry and business development in West Virginia because, air permitting requirements applicable to the construction of new major sources and major… Read More »

EPA Announces Proposed Ozone NAAQS Revision

The United States Environmental Protection Agency (EPA) announced on November 25, 2014 that it will lower the primary and secondary ozone National Ambient Air Quality Standards (NAAQS) to a level between 65 and 70 ppb. (EPA’s proposal, fact sheets, information on estimated benefits and costs, maps and tables, and other pertinent information are available at:… Read More »

The U.S. Supreme Court Will Decide if EPA Should Consider Costs

On November 25, 2014, the Supreme Court granted certiorari to review the D.C. Circuit’s April 2014 decision, which held that United States Environmental Protection Agency (EPA) had the authority to issue the Mercury and Air Toxics Standards for power plants under the Clean Air Act (CAA) §112 without considering costs when determining if the rule… Read More »