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U.S. EPA Issues Final Rule Enforcing 2015 Ban on State Exemptions for Startup, Shutdown and Malfunction Emissions

Vorys Energy

EPA’s policy on State regulatory exemptions for air emissions during periods of facility startup, shutdown and malfunction (SSM). EPA’s reinstatement of a 2015 policy that SSM exemption and affirmative defense provisions in a State Implementation Plan (SIP) will generally be viewed as inconsistent with Clean Air Act (CAA) requirements, U.S.

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EPA’s Denial of Louisiana’s Revised SIP

The Energy Law Blog

On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. To comply with the 2015 SIP Call rule, Louisiana had proposed revising its SIP by removing LAC 33:III.2201.C.8,

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. It could be expected that the energy companies may also petition the Supreme Court for review of the Ninth Circuit’s decision. 3d 805 (7th Cir.

Casing 52
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HISTORY OF SPILLS: TC Energy’s Keystone pipeline (22 SPILLS: 2010-2022)

Adrian - Oil & Gas

An emergency shutdown and response was initiated at about 9 p.m. Of note: A 2015 investigation in the same county found Keystone pipe there had suffered from corrosion so severe that it was worn through 95 percent in some places after being in service for less than two years. . #22: Dec. CT on Dec.

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EPA’s Shifting Guidance on Startup, Shutdown, and Malfunction Defenses in State Implementation Plans and Its Effect in Louisiana

The Energy Law Blog

On September 30, 2021, the EPA once again signaled a policy change on what provisions a state can include in its Clean Air Act State Implementation Plan (“SIP”) for exemptions and affirmative defenses during periods of startup, shutdown, and malfunction (“SSM”). 2015 SSM SIP Policy. 33840 (June 12, 2015).