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Beveridge & Diamond is a leading environmental, land use and litigation law firm based in Washington, DC, with offices in California, Maryland, Massachusetts, New Jersey, New York and Texas.
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- Peter C. Anderson
- James M. Auslander
- David A. Barker
- Gus B. Bauman
- Daniel P. Berner
- Daniel M. Brian
- Megan R. Brillault
- Lily N. Chinn
- Nadira Clarke
- Richard S. Davis
- Laura Metz Duncan
- Mark N. Duvall
- Russell N. Fraker
- Bethany S. French
- David M. Friedland
- Aaron H. Goldberg
- Marc J. Goldstein
- Jeanine L.G. Grachuk
- Edward M. Grauman
- Paul E. Hagen
- Karen M. Hansen
- Lauren A. Hopkins
- Steven M. Jawetz
- Aladdine D. Joroff
- Madeleine Boyer Kadas
- Heidi P. Knight
- Daniel M. Krainin
- K. Russell LaMotte
- Jayni A. Lanham
- Laura L. LaValle
- Brian C. Levey
- Pamela D. Marks
- Bryan J. Moore
- W. Parker Moore
- Michael G. Murphy
- Zachary M. Norris
- John H. Paul
- Elizabeth M. Richardson
- Stephen M. Richmond
- Peter J. Schaumberg
- Aron H. Schnur
- James B. Slaughter
- Gary J. Smith
- Timothy M. Sullivan
- Kathryn E. Szmuszkovicz
- Ryan R. Tacorda
- Linda Tsang
- Kari L. Twaite
- Nicholas W. van Aelstyn
- Sara L. Vink
- Benjamin F. Wilson
- Alexandra M. ("Andie") Wyatt
- Graham C. Zorn
Topics
- Air
Recent Posts
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Showing 23 posts in Air. View our practice description for Air.
EPA Establishes June 30 Deadline for Oil and Natural Gas Companies’ Submittal of Requests for Alternative Greenhouse Gas Monitoring Methods
On May 1, 2013, the U.S. Environmental Protection Agency (EPA) published a final rule amendment moving up the deadline for petroleum and natural gas systems to submit their requests to use alternative monitoring methods to comply with the federal Greenhouse Gas Reporting Rule, 40 C.F.R. Part 98. Read More ›
EPA Proposes Changes to Storage Tank Provisions of 2012 NSPS for Oil & Natural Gas Sector
On April 12, 2013, in response to a number of industry petitions for reconsideration, EPA proposed amendments to NSPS Subpart OOOO requirements for storage vessels. 78 Fed. Reg. 22,125 (Apr. 12, 2013). The amendments provide additional time for some vessels to install controls, temporarily suspend certain monitoring requirements, provide an alternative compliance option, and make other changes to definitions, testing, and reporting requirements. The Agency will accept comments until May 13, 2013. Read More ›
EPA Likely to Delay Issuance of Final Greenhouse Gas Rules for Power Plants
The U.S. Environmental Protection Agency (EPA) is unlikely to meet its April 13, 2013 deadline for issuance of its highly anticipated final rule limiting greenhouse gas (GHG) emissions from new or modified power plants. In light of voluminous comments, EPA is reportedly considering whether to change its approach to one that would effectively allow new construction of coal-fired power plants, which essentially would be banned under the rule as proposed. Read More ›
Greenhouse Gas Reporting Obligations for Several Sectors Impacted by EPA’s Revocation of Confidential Business Information Protection for Specified Part 98 Data
The U.S. Environmental Protection Agency (“EPA”) determined in December 2012 that certain inputs to emission equations under eight subparts of 40 CFR Part 98, the greenhouse gas reporting program, will not for now be treated as confidential business information (“CBI”). This input information had previously been subject to a temporary deferral while EPA evaluated the many confidentiality concerns that had been raised by industry. Going forward, EPA’s determination indicates that this information must be included in Part 98 reports, and that it will be available for public review. In addition, as EPA’s decision ends the deferral that had previously been in effect, companies must submit the relevant input data for reporting years 2010, 2011 and 2012 to EPA by April 1, 2013. Read More ›
EPA Proposes to Require 36 States to Revise Startup, Shutdown, and Malfunction Air Emission Provisions in State Implementation Plans
On February 22, 2013, the U.S. Environmental Protection Agency (EPA) published a proposed rule that requires 36 states to revise startup, shutdown, and malfunction (SSM) provisions in their State Implementation Plans (SIPs). The proposed rule responds to a rulemaking petition filed by the Sierra Club. The petition claims that previously approved SIP provisions are inconsistent with the Clean Air Act because they include emission limit exemptions during periods of SSM. If this proposal becomes final, the SSM protections that may facilities are relying on for excess emissions during times of startup, shutdown and malfunction may no longer be available. Read More ›
EPA Proposes New Voluntary Quality Assurance Program to Verify RIN Validity Under the Renewable Fuel Standard
On January 31, 2013, EPA announced a proposal to establish a voluntary quality assurance program for verifying the validity of Renewable Identification Numbers (“RINs”) under the federal Renewable Fuel Standard (“RFS”) program. Under the proposal, obligated parties who choose to purchase RINs that have been “verified” pursuant to an EPA-approved quality assurance plan (“QAP”) may now be able to assert an affirmative defense against liability under the RFS program if those RINs are later discovered to have been invalidly generated. Read More ›
EPA Expands Demand Response Allocation for Emergency Generators
On January 30, 2013, EPA issued the Final Rule “National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines” (78 Fed. Reg. 6674; the “Final Rule”), raising the cap on emergency generator use for emergency demand response from 15 hours to 100 hours per year. Read More ›
MassDEP Continues Efforts at Regulatory Reform Affecting Nearly All Agency Programs
MassDEP has conducted an extensive review of its regulations and programs searching for opportunities to improve its efficiency. During the spring, MassDEP sought public input on which specific changes should be made. During October, MassDEP published an update on its progress, located at http://www.mass.gov/dep/about/priorities/regreform/1012update.htm. Here is a brief summary of the proposed reforms, based on the recent update: Read More ›
More Enforcement of Section 112(r) of the Clean Air Act
On September 28, 2012, a dairy processing company in Puerto Rico with a history of anhydrous ammonia releases, Suiza Dairy Corporation, agreed to pay a $275,000 penalty, and undertake $3.75 million in facility upgrades and other improvements. This settlement resolved violations of section 112(r)(1) of the Clean Air Act, known as the general duty clause, and EPA’s related Risk Management Program regulations under section 112(r)(7) of the Clean Air Act. EPA has aggressively enforced the general duty clause, which gives EPA broad authority to require companies handling extremely hazardous chemicals to institute additional controls in order to prevent accidental releases. Read More ›
Ninth Circuit Further Limits Climate-Nuisance Suits
Further limiting available grounds for plaintiffs to seek redress for injuries allegedly due to climate change, on September 21st, the Ninth Circuit Court of Appeals upheld the dismissal of an action brought by the Native Village of Kivalina and the City of Kivalina (collectively “Kivalina”) against multiple oil, energy and utility companies (the “Energy Companies”). Native Vill. of Kivalina v. ExxonMobil Corp. (Kivalina II), No. 09-17490 (9th Cir. Sept. 21, 2012). Consistent with the Supreme Court’s decision in American Electric Power Co., Inc. v. Connecticut (“AEP”), 131 S.Ct. 2527 (2011), the panel found that the plaintiffs’ federal common law nuisance claims were displaced by the Clean Air Act. Id. at 13-16. The decision was perhaps most notable for concluding that federal common law claims seeking damages for alleged climate-related injuries – in addition to claims seeking injunctive relief, as the Supreme Court held in AEP – are displaced by federal statutory law. Read More ›