Clean Air Act
Environmental Groups Fight for Stronger Regulation of Ground-level Ozone Pollution
Daniel Bourgault Journal of Regulatory Compliance Applicant Loyola University of Chicago School of Law, JD 2022 On February 11, 2021, a host of environmental groups filed a Petition for Review with the U.S. Court of Appeals for the D.C. Circuit challenging a final action of the Environmental Protection Agency (“EPA”) in regard to the review …
The Clean Air Act: Private Groups Fill Regulatory Void – Sue to Hold EPA Accountable for Failure to Properly Regulate Dangerous Emissions
On October 13, 2020 Earthjustice filed a petition for review with the D.C. Circuit Court of Appeals on behalf of a coalition of environmental groups and scientists asserting that a Final Rule promulgated by the Environmental Protection Agency (“EPA”) failed to adequately regulate certain carcinogenic emissions as required by the Clean Air Act. The Miscellaneous Organic Chemical Manufacturing (“MON”) rule, effective as of August 12, 2020, regulates toxic emission of about 200 chemical plants which release dangerous carcinogens including ethylene oxide which have been shown to be contributing to cancer hotspots around the country. However, the petitioners contend that the final MON rule fails to properly regulate unacceptable levels of risk posed by ethylene oxide and the other carcinogens released by MON facilities.
The Road to Regulation
The implications arising from fuel consumption and greenhouse gas emissions standards set by the Environmental Protection Agency (“EPA”) and the Department of Transportation (“DOT”) in the early 2010s spelled out a cautionary tale for automotive manufacturers wondering how to comply with increasingly strict regulations.
Once In, Always In
The Environmental Protection Agency (“EPA”) recently issued a guidance memorandum withdrawing the decades-old “once in, always in” policy. The policy prohibited facilities once considered to be major sources of emissions of hazardous air pollutants to be later reclassified. These facilities are always subject to the class Maximum Achievable Control Technology (“MACT”) standards, regardless of any newly implemented processes or controls that reduce emissions.
However, the EPA found that the policy was established upon an incorrect interpretation of the Clean Air Act. Facilities may now be reclassified as “area sources” if their emissions fall below the threshold and will be subject to less strict standards.