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On September 25, 2023, the U.S. Court of Appeals for the District of Columbia denied a motion in Utah v. EPA to stay the EPA Good Neighbor Plan, which regulates air pollution crossing state lines. The single-page ruling states the motion was denied because the plaintiffs “have not satisfied the stringent requirements for a stay […]
On September 8, 2023, the EPA published a proposed consent decree to finalize nationwide standards that will protect U.S. waterways from harmful vessel discharges. Under the agreement, the agency must release final regulations on ballast water discharges by September 24, 2024. The proposed consent decree is to settle Center for Biological Diversity et al. v. […]
On September 6, 2023, the EPA announced it reached a settlement with Suncor Energy Inc. (Suncor) resolving alleged violations of the Clean Air Act’s (CAA) fuels requirements at Suncor’s Commerce City, Colorado, refining operations. Suncor will pay a $160,660 civil penalty and has agreed to implement a supplemental environmental project, which requires the company to […]
A decision in Port Hamilton Refining and Transportation LLP v. EPA by the U.S. Court of Appeals for the 3rd Circuit found that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) Permit wasn’t required to restart operations at a St. Croix, U.S. Virgin Islands, refinery, even though the facility has been idle since […]
An EPA Office of Inspector General (OIG) report, dated September 6, 2023, recommends that the EPA enhance oversight to ensure all refineries remain in compliance with benzene fenceline monitoring regulations. “Oversight by the EPA and delegated authorities has not ensured that all refineries that exceed the action level reduce their benzene concentrations at their fencelines,” […]
The National Priorities List (NPL) includes the most seriously contaminated Superfund sites across the nation. These sites contain uncontrolled or abandoned releases of contamination. The list serves as the basis for prioritizing EPA Superfund cleanup funding and enforcement actions. Only releases at nonfederal sites included on the NPL are eligible to receive federal funding for […]
The EPA’s proposed rules on regulating ethylene oxide (EtO) have sparked a catfight between the EPA and the Food and Drug Administration (FDA), according to several sources. In April 2023, the EPA issued two proposals aimed at reducing EtO emissions, including more stringent air emissions standards and additional protections for workers who are exposed to […]
On July 21, 2023, the EPA published a final rule in the Federal Register that removes the “emergency” affirmative defense provisions from the EPA’s Title V operating permit program regulations. Title V background The Title V program requires major sources of air pollutants, and certain other sources, to obtain and operate in compliance with an […]
The U.S. Chemical Safety and Hazard Investigation Board (CSB) applauded the U.S. Environmental Protection Agency’s (EPA) updated National Enforcement and Compliance Initiatives (NECIs), which continue the EPA’s focus on reducing risks of accidental releases at industrial and chemical facilities. For the first time, the EPA’s initiatives emphasize inspecting and addressing noncompliance at facilities that use […]
On August 29, 2023, the EPA and the U.S. Army Corps of Engineers (Corps) announced a final rule amending the 2023 definition of “waters of the United States (WOTUS)” to conform with the recent U.S. Supreme Court (SCOTUS) decision in Sackett v. EPA. Having a clear and defensible definition of WOTUS is critical for Clean […]