Increased Risk To The Regulated community: U.S. EPA overfiling – Environment

What could pose a significant risk to the regulated
Community, a recent “overfiling”, by U.S. EPA
Connection with a Clean Air Act settlement (CAA), between the
Louisiana Department of Environmental Quality and a Steel
Plant should cause the regulated society to be at a minimum
When entering into settlement agreements, be cautious
regulators. U.S. EPA Region 6 filed a reorganization on January 24, 2022.
Notice of Violation (NOV), alleging that a steel plant was in violation
Louisiana was emitted excessive hydrogen sulfide, and sulfuric acid met
and sulfur dioxide in contravention of the plant’s CAA Title V
permit.

The Tulane Environmental Clinic filed a petition in October 2021.
Request that the U.S. EPA exercise its authority.
Overfiling and supervisory authority pursuant 42 U.S.C.
7413(a),(b), and(d) on the assumption that the LDEQ settlement
Agreement imposed insufficient penalties or mitigation measures
You can ensure compliance in the future. It is interesting to observe that the U.S.
EPA NOV doesn’t specifically refer to the LDEQ Settlement nor
Its provisions should be challenged directly These three pollutants also need to be addressed.
The NOV was not specifically mentioned in the LDEQ.
Settlement, and, in reality, hydrogen sulfide, and sulfuric acid met
These are not currently covered by the Title V permit.

It would be foolish to think that the U.S. EPA has any control over these matters.
The Tulane Environmental request for NOV was not related to NOV
Law Clinic. The U.S. EPA actually held a number meetings with the Clinic.
Tulane Environmental Law Clinic, and other environmental groups
Following the overfiling request. The U.S. EPA made the decision to
Overfiles may indicate more aggressive enforcement
Particularly in emergency situations, oversight of state regulatory agencies
involving vulnerable communities. As such, it is important to consider whether or not the community is vulnerable when assessing whether
to reach settlements with state regulatory bodies to address
Compliance issues with federal environmental statutes for companies
It is important to consider the possibility of U.S. EPA Overfiling.
Particularly in situations where there are objections to the settlement
environmental groups, or in situations involving
vulnerable communities.

We will continue providing updates on U.S. EPA enforcement
Trends on theCorporate Environmental Lawyer.

This article is intended as a general overview.
guide to the subject matter It is a good idea to seek specialist advice
Learn more about your particular circumstances.