ozone Archives

Nov 29, 2017

EPA Fails to Designate Nonattainment Ozone Counties

On November 6, 2017, the United States Environmental Protection Agency (“EPA”) announced which counties in the United States currently meet the more stringent 2015 ozone standards, but failed to announce counties which do not meet the new standards. An estimated 15% of all counties in the U.S. do not meet the new ozone standards; however, without a formal designation by the EPA, states cannot begin to amend their state implementation plans (“SIPs”) for those counties to bring them into compliance with the 2015 standards. Depending upon the severity of the nonattainment, the designation could lead to new pollution control requirements… Read more

Nov 24, 2014

Lifting of CSAPR Stay Could Reinstate Cap and Trade Air Pollution Rule

The D.C. Circuit Court of Appeals lifted its stay of EPA’s Cross-State Air Pollution Rule (CSAPR) on October 23, following the April 29 Supreme Court ruling affirming portions of the rule. The stay was lifted even though the D.C. Circuit is still considering challenges to CSAPR that were not addressed in its prior ruling, or in the Supreme Court case. Because the court did not also toll the January 1, 2015 compliance deadline for the first phase of CSAPR, there is uncertainty as to whether and how soon compliance must be achieved. CSAPR replaced the Bush-era Clean Air Interstate Rule… Read more