Ameren Saga Draws to a Close, by Eric Hiser
On November 6, 2024, Ameren Missouri and the U.S. Department of Justice (DOJ) entered a joint stipulated order to resolve the Eighth......
top of page
480-505-3900
Search
jmaiden
Nov 51 min read
NSR “Operator” Liability, by Eric L. Hiser
In United States v. EES Coke Battery, LLC , 2024 WL 2271825 (E.D. Mich. May 20, 2024) (Case No. 22-11191), the EPA and DOJ seek to......
0 comments
jmaiden
Aug 261 min read
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...
0 comments
jmaiden
Aug 261 min read
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...
0 comments
jmaiden
May 131 min read
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
0 comments
jmaiden
May 31 min read
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...
0 comments
jmaiden
May 21 min read
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...
0 comments
jmaiden
Mar 141 min read
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)...
0 comments
jmaiden
Feb 71 min read
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...
0 comments
jmaiden
Jan 171 min read
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...
0 comments
jmaiden
Dec 11, 20231 min read
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...
0 comments
jmaiden
Jul 26, 20231 min read
"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.... ...
0 comments
jmaiden
Jun 19, 20231 min read
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...
0 comments
jmaiden
Mar 27, 20231 min read
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...
0 comments
jmaiden
Feb 14, 20231 min read
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...
0 comments
jmaiden
Dec 19, 20221 min read
"Second Guessing" Returns, by Eric L. Hiser
On December 9, 2022, EPA Administrator Michael Regan issued "New Source Review Preconstruction Permitting Requirements: Enforceability...
0 comments
jmaiden
Nov 29, 20221 min read
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...
0 comments
jmaiden
Oct 20, 20221 min read
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 ...
0 comments
jmaiden
Sep 19, 20221 min read
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 ...
0 comments
jmaiden
Aug 22, 20221 min read
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...
0 comments
bottom of page