Phillip Hoover Archives

Feb 6, 2017

Trump’s Presidential Memo Encourages the Development of a Permit Streamlining Action Plan

In a January 24th Presidential Memorandum, President Trump urged the Commerce Department to develop a “permitting streamlining action plan” recommending policy and procedural changes that will boost domestic manufacturing. The manufacturing sector frequently cites regulatory requirements, including delays in the processing of necessary permits, as barriers to investment in domestic manufacturing projects. It is anticipated that the Trump memo could cover a number of environmental permits such as Title V operating permits, new source review permits, as well as national pollutant discharge elimination system permits. The policy contains no details; however, industry trade organizations are optimistic that the memo will… Read more

Feb 1, 2017

EPA Denies State Request to Expand Ozone Transport Regions

A petition, which was filed by several “downwind” states to expand the region of states required to take additional steps to control emissions of ozone-forming pollutants, is likely to be denied by the EPA. Authority to impose additional pollution control measures on stationary sources of ozone, precursor pollutants comes from the Cross-State Rule which states that emissions of ozone precursors can be more stringently regulated in states where emissions are causing a downwind state to address its own emissions of ozone precursor pollutants. The petition seeks to add the following states to the Ozone Transport Region: Illinois, Indiana, Kentucky, Michigan,… Read more

Jan 2, 2017

NESHAP Revisions Regarding Generally Available Control Technology

On December 20, 2016, EPA Administrator Gina McCarthy signed a final rule that revised “National Emission Standards for Radon Emissions from Operating Mill Tailings,” Subpart W of 40 CFR part 61. The revised standard requires the use of generally available control technology (GACT) to limit radon emissions from uranium tailings impoundments built after 1989. Specific control technologies would be required at conventional tailings impoundments, evaporation ponds, and heap leach piles. The revised standard also contains record-keeping and construction requirements. Existing radon emissions standards and monitoring requirements for impoundments built before 1989 remain in force. The rule becomes effective 60 days… Read more

Dec 19, 2016

EPA Raises Defense of Power Plant Carbon Rule in Federal Court

The US EPA has argued that carbon dioxide limits for newly constructed power plants fall squarely within the EPA’s Clean Air Act authority, thereby making arguments in a Federal Court which President-Elect Donald Trump’s Administrator nominee has already rejected. The incoming Trump Administration will be tasked with defending the new source performance standards for new and modified power plants which the President-Elect has vowed to repeal. The case is set for argument before the U.S. Court of Appeals for the District of Columbia on April 17th unless the Administration chooses to seek an abeyance of the lawsuit or possibly a… Read more

Aug 15, 2016

Oil, Gas Industry Air Pollution Standards Will Not be Reopened

The 2012 emission standards (“ESs”) applicable to the oil and gas industry will not be reopened by the U.S. EPA despite requests by the American Petroleum Institute and other industry and environmental groups’ petitions. The ESs, which include the first federal air standards for natural gas wells that are hydraulically fractured, were intended to curb emissions of volatile organic compounds and hazardous air pollutants from those wells. The standards require new hydraulically fractured gas wells to utilize technology known as a “green completion” to capture gas that otherwise would escape. The issues under the proposed rule that the EPA will… Read more

Aug 2, 2016

EPA, Greenhouse Gas from Aircraft Emissions Endanger Human Health

On July 25, 2016, pursuant to the authority of Section 231(a) of the Clean Air Act (“CAA”) the U.S. EPA declared that emissions of greenhouse gas from aircraft endanger human health and the environment. The endangerment finding, which can be found at RIN 2060-AS31 opens the door for the EPA to regulate greenhouse gas emissions from aircraft. According to the EPA’s top air official, Janet McCabe, “the EPA has already set effective greenhouse gas standards for cars and trucks, and any future aircraft engine standards will also provide important climate and public health benefits.” According to the agency, 89% of… Read more

Jul 26, 2016

New Threshold Requirements for Methane Emissions from Landfills

On July 15, 2016, the U.S. EPA released its new source performance standard (RIN2060-AM08) for landfills built or modified after July 17, 2014, for methane emissions. The emissions guidelines, which are designed to curb the greenhouse gas methane, lowered the emissions threshold from 50 metric tons of methane to 34 metric tons. This is the same standard set by the EPA applicable to new landfills. New and updated control technologies will need to be installed within 30 months at each landfill meeting the 34 metric tons emission threshold. For more information, please contact Phillip Hoover.

Jul 18, 2016

U.S. EPA Sued Over Denial of New Power Plant Rule Reconsideration

On July 1, nearly half of the States filed a lawsuit in the U.S. Court of Appeals for the District of Columbia challenging the U.S. EPA’s denial of their petition to rehear the new power plant rule regulating carbon dioxide emissions. The challenge is expected to be consolidated with ongoing litigation over the EPA’s new source performance standards for new power plants (RIN:2060-AQ91). The lawsuit was filed in response to the EPA’s, May 6, denial of five petitions seeking reconsideration of various aspects of the new performance standard for power plants. In its denial, the EPA asserted that carbon capture… Read more

Jun 27, 2016

U.S. EPA Prepares to Defend White House Clean Power Plan

Within hours of the U.S. Supreme Court’s decision halting the Carbon Dioxide Standards implementation under the Clean Air Act (the “Act”), the U.S. EPA began to prepare their public defense of the plan. EPA Administrator Gina McCarthy said in a February e-mail to all staff, the day after the Supreme Court issued its stay, that “the rule fits squarely within the four corners of the Clean Air Act – a statute we have been successfully implementing for 45 years.” Other internal e-mails from senior EPA officials have expressed surprise at the U.S. Supreme Court’s decision, but have quickly emphasized that… Read more

Jun 13, 2016

The DOJ states that the EPA Assistance to States with Clean Power Plan Implementation Complies with Law

The U.S. EPA’s (“EPA”) ongoing assistance to states implementing the Clean Power Plan under the new EPA rule has been reviewed by the DOJ for compliance with the U.S. Supreme Court’s decision to stay the rule. Under the stay issued by the U.S. Supreme Court, the EPA is enjoined from implementing the Clean Power Plan. The DOJ has determined that states are not enjoined by the Supreme Court’s decision, and, therefore voluntary request from individual states for assistance in implementation. Clean Power Plans do not rule afoul of the U.S. Supreme Court’s stay on implementing the rule. The EPA’s Clean… Read more