Environmental Law Matters

In late January, EPA issued a guidance memorandum related to major sources under § 112 of the Clean Air Act that will likely reduce participation in the program. The new guidance actually withdrew a previous guidance policy in which EPA took the position that, if a source emitting air pollutants under § 112 ever attains "major source" classification, it would always retain that classification. (EPA Reclassification Notice). This original once-in-always-in policy meant that a source would always remain classified as a major source even if subsequent changes in operations allowed ...