Category Archives: Air

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 »

EPA Amends CSAPR Compliance Dates and Allowance Allocations to Comply with Court Order

In response to the recent United States Court of Appeals for the District of Columbia Circuit’s (D.C. Circuit or Court) order, the United States Environmental Protection Agency (EPA) issued an interim final rule on November 21, 2014 (without prior notice or opportunity for public comment) to amend the Cross-State Air Pollution Rule (CSAPR) compliance deadlines… Read More »

EPA Approves WV SIP Revision

EPA recently approved (on July 21, 2014) the State Implementation Plan (SIP) revision submitted by the State of West Virginia in 2009 after the West Virginia legislature adopted revisions to rule 45CSR13 (Minor Sources) in 2008 to “shorten the time period by which permits for construction and operation may be issued for sources subject to… Read More »

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

EPA’s intends to designate all of West Virginia as being in attainment for the 2012 primary annual fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS). (79 FR 51518). 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 modifications… Read More »

Enviros Seek to Preclude Affirmative Defenses in Clean Air Act Citizen Suits

On April 18, 2014, the United States Court of Appeals for the D. C. Circuit upheld Environmental Protection Agency (EPA) regulations setting emission standards for hazardous air pollutants from cement kilns but struck down an affirmative defense that protected cement plant operators from civil penalties in private citizen suits if the exceedances resulted from “unavoidable… Read More »

What Does Regulation of Greenhouse Gas Emissions as Described by EPA in the “Tailoring Rule” have to do with the Clean Air Act?

UARG v. EPA (Tailoring Rule Litigation) On June 23, 2014 Justice Scalia delivered the opinion of the U.S. Supreme Court on the question of whether EPA motor vehicle greenhouse gas regulations necessarily automatically triggers permitting requirements under the CAA for stationary sources that emit greenhouse gases. The statements in the opinion concerning EPA’s assertions of… Read More »

The D.C. Circuit Court Rejects EPA Guidance on Source Aggregation

The D.C. Circuit Court of Appeals ruled upon a petition filed by an industry coalition which objected to the manner in which USEPA intended to implement the 6th Circuit Court of Appeals ruling in Summit Petroleum Corp. v. EPA in 2012 which found the agency’s policy regarding whether multiple sources of air emissions should be… Read More »

EPA Mercury Rule Upheld by Divided Court

A federal appeals court on Tuesday upheld the nation’s first-ever national standards requiring power plants to cut emissions of mercury and other hazardous air pollution.  The EPA rules require coal utilities to cut at least 90% of their emissions of mercury and require the installation of scrubber technology to reduce mercury emissions.

Air Trends Data Show Air Quality Improvement

Midwest Ozone Group (MOG) recently posted on its website an article by Gregory Stella, Alpine Geophysics, which addresses the improvement in recent regional emissions and air quality trends in the lower 48 states.  This article is available at  MOG has commissioned several technical studies of air quality trends, which identify trends from 1999 through… Read More »