Fifth Circuit Withdraws PACCAN Opinion, by Eric L. Hiser
In our December 5, 2023, post " Fifth Circuit Rejects 'Demonstrated' as Element of BACT ," we reported that the U.S. Court of Appeals...
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jmaiden
- Aug 26
- 1 min
Fifth Circuit Withdraws PACCAN Opinion, by Eric Hiser
In our December 5, 2023, post " Fifth Circuit Rejects 'Demonstrated' as Element of BACT ," we reported that the U.S. Court of Appeals...
jmaiden
- May 13
- 1 min
Fifth Circuit Upholds SILs, by Eric L. Hiser
On April 29, 2024, in Sierra Club v. LDEQ, --- F.4th ---, the Fifth Circuit Court of Appeals upheld the Louisiana Department of...Read More
jmaiden
- May 3
- 1 min
EPA's Revisions to Project Emissions Accounting Published
EPA's proposed revisions to NSR "project emissions accounting" were published in today's Federal Register as "Prevention of...
jmaiden
- May 2
- 1 min
New PM2.5 SIL Released by Eric L. Hiser
On April 30, 2024, EPA released "Supplement to the Guidance on Significant Impact Levels for Ozone and Fine Particles in the...
jmaiden
- Mar 14
- 1 min
EPA Proposes Sweeping NSR Changes, by Eric L. Hiser
On February 22, 2024, EPA released a pre-publication draft of its proposed rule on “Prevention of Significant Deterioration (PSD)...
jmaiden
- Feb 7
- 1 min
Preparing for the New PM2.5 NAAQS, by Eric L. Hiser
EPA released the 2024 PM2.5 revisions today in pre-Federal Register draft form. The new primary annual PM2.5 NAAQS is set at 9...
jmaiden
- Jan 17
- 1 min
Carbon Capture Facility May Not Be an NSR "Support Facility", by Eric L. Hiser
In a recent action involving the Red Cedar Gathering Company ("Red Cedar"), EPA Region 8 determined that a carbon dioxide capture...READ...
jmaiden
- Dec 11, 2023
- 1 min
Fifth Circuit Rejects "Demonstrated" as Element of BACT, by Eric L. Hiser
In Port Arthur Community Action Network v. TCEQ, the Fifth Circuit sided with a community organization challenging the Port Arthur...
jmaiden
- Jul 26, 2023
- 1 min
"Reactivation" Deactivated, by Eric L. Hiser
Readers of this blog are familiar with the struggles over the fate of the St. Croix refinery built and operated by HOVENSA until 2012.... ...
jmaiden
- Jun 19, 2023
- 1 min
EPA NSR Rule Plans for 2023, by Eric L. Hiser
In the semiannual regulatory agenda publication and at the Air & Waste Management Association (A&WMA) Annual Conference and...
jmaiden
- Mar 27, 2023
- 1 min
NSR and EJ: Part 2, by Eric L. Hiser
A critical element in addressing environmental justice concerns is understanding the legal tools available to both EPA and...
jmaiden
- Feb 14, 2023
- 1 min
NSR and EJ: Part 1, by Eric L. Hiser
Welcome to the start of an occasional series analyzing EPA’s efforts to implement the Administration’s goals of enhancing...
jmaiden
- Dec 19, 2022
- 1 min
"Second Guessing" Returns, by Eric L. Hiser
On December 9, 2022, EPA Administrator Michael Regan issued "New Source Review Preconstruction Permitting Requirements: Enforceability...
jmaiden
- Nov 29, 2022
- 1 min
EPA: "permitted" means "achievable" for BACT, by Eric L. Hiser
On August 31, 2022, the EPA issued “EPA Comments Concerning BACT Evaluations” in TCEQ Docket 2021-0942-AIR and SOAH Docket 582-22-0201 on...
jmaiden
- Oct 20, 2022
- 1 min
New Fugitive Emissions Proposal, by Eric L. Hiser
On October 14, 2022, EPA published for both the PSD and NNSR programs a proposed rule entitled “Reconsideration of ...
jmaiden
- Sep 19, 2022
- 1 min
New Guidance on Ozone and Fine Particulate Modeling, by Eric L. Hiser
On July 29, 2022, EPA’s Air Quality Assessment Division and Air Quality Policy Division jointly issued new ...
jmaiden
- Aug 22, 2022
- 1 min
EPA Outlines NSR Initiatives for 2022-2023, by Eric L. Hiser
Peter Keller of EPA’s NSR group provided an overview of the EPA’s NSR initiatives for the 2022-2023 period at the Air & Waste Management...
jmaiden
- Apr 25, 2022
- 1 min
NSR "Relaxation" Clarified, by Eric L. Hiser
On September 1, 2021, EPA Region 7 responded to a request from the Iowa Department of Natural Resources (IDNR) for guidance on the...
jmaiden
- Mar 11, 2022
- 1 min
Analysis: EPA's Petition for Reconsideration in Ameren, by Eric L. Hiser
In this installment, we examine the United States v. Ameren Missouri litigation over whether Ameren’s installation of replacement...
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