Tag:Clean Air Act
Navigating the Shifting Tides of Regulatory Compliance in Climate Policy
The United States finds itself at a regulatory crossroads when it comes to environmental policy. The current administration’s efforts to block state climate regulations through executive action stand in stark contrast to the growing movement of state governments implementing stringent greenhouse gas reporting requirements. This divergence creates a complex compliance landscape where businesses must simultaneously adapt to federal deregulation while meeting expanding state-level environmental mandates. This tension between federal and state approaches to climate regulation presents both challenges and opportunities for corporate compliance programs. As federal agencies scale back environmental oversight, progressive states are filling the regulatory void with ambitious climate policies that often exceed previous federal standards. This blog examines this emerging dichotomy, explores its implications for business operations, and provides strategic guidance for maintaining compliance in this evolving landscape.
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 …
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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.