November 29, 2016
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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A blog post last week noted that the Arkansas Department of Environmental Quality (“ADEQ”) had filed a November 22nd Petition for Reconsideration and Request for Administrative Stay asking that the United States Environmental Protection Agency (“EPA”) convene a proceeding for reconsideration of the final rule, “Promulgation of Air Quality Implementation Plans; State of Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan; Final Rule” (“Regional Haze FIP”). See previous blog post here.
ADEQ had also requested that EPA immediately stay the Regional Haze FIP pending completion of its reconsideration of the final rule.
The previously referenced post failed to include Appendix C from the Arkansas Attorney General’s/ADEQ’s filing. Appendix C is a document titled:
Considerations for a Revised Five-Factor Analysis for Low-Sulfur Coal as BAR.
The previous post also did not note that the Arkansas Attorney General’s Office (“AG”) filed an additional action on behalf of ADEQ addressing the same issue.
The AG filed a Petition for Review before the United States Court of Appeals for the Eighth Circuit (“Petition”). The Petition was filed pursuant to Section 307 of the Clean Air Act and addresses the previously referenced final rule.
A copy of the previously referenced Appendix C can be downloaded here.
A copy of the Petition can be downloaded here.
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