Category: Clean Air Act

After years of delays – largely due to the COVID-19 pandemic – on April 11, 2023, the U.S. Environmental Protection Agency finally issued two proposals that would reduce ethylene oxide (EtO) emissions affecting fence-line communities neighboring EtO sterilization facilities and establish direct protections for facility employees likely to be regularly exposed to this sterilizing chemical. The proposals, which fall under the Clean Air Act (CAA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), are expected to dramatically reduce EtO emissions by a whopping 80% …

In early January, the U.S. Environmental Protection Agency announced a proposal to revise and strengthen a key national ambient air quality standard (NAAQS) for fine particle pollution, also known as PM_2.5.

The Clean Air Act requires EPA to set two types of NAAQS: health-based standards, called primary standards, and standards to protect public welfare, called secondary standards. Based on the scientific evidence and technical information, EPA has set two primary standards for PM_2.5, which work together to protect public health: the …

In June 1989, then-President George H. W. Bush proposed revisions to the Clean Air Act designed to reduce what were perceived as three of the largest threats to the environment at the time: toxic air emissions, acid rain, and urban air pollution.

More specifically, Section 112r of what became the Clean Air Act Amendments of 1990 required the EPA to publish guidance and regulations for chemical accident prevention by entities using compounds that posed the greatest risk of harm from accidental releases. These regulations were …

As regular readers of this blog know, we have been keeping tabs on the Supreme Court’s review of West Virginia v. Environmental Protection Agency, a case addressing how broadly executive agencies can interpret the legislation authorizing their activities.  Today, the Supreme Court issued its opinion on the matter, holding that the “major questions” doctrine precluded the EPA from using the Clean Air Act to require energy producers to change the type of energy generation they use.

Under Section 111(d) of the Clean Air Act, …

On April 29, 2022, the U.S. Environmental Protection Agency officially suspended the ban on sales of gasoline blends with a higher concentration of ethanol. This suspension came two weeks after President Biden’s vow to lift the ban in order to counteract the increased gas prices attributed to Russia’s incursion into Ukraine. The suspension went into effect on May 1.

E15, or fuel with 15% ethanol, is traditionally banned during the warmer months—June through October—in an effort to combat the production of smog. In the current …

Although ethanol is one of the earliest biotechnologies, it wasn’t until the energy crisis of the 1970s that ethanol was widely used as an additive to gasoline. Back then, concerns about the price of fuel and the impact of leaded gas on the environment led to a search for less expensive and more environmentally friendly alternatives. Ethanol seemed to fit both criteria. Today, approximately 90% of the gasoline sold in the United States contains ethanol—and this ethanol is largely produced from corn. Corn is used …