Category: Regulatory Developments

CEQ Looks to Speed Up Infrastructure Projects

Developing a “framework providing for the implementation of One Federal Decision,” is a top item in the Council of Environmental Quality’s (CEQ) list of actions to enhance and modernize the federal environmental review and authorization process for infrastructure projects.

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power plant

Power Plant Discharge Rule Provisions Postponed by Two Years

In a positive response to an industry petition, the EPA has issued a final rule that will postpone by 2 years certain effluent limitations (ELs) and pretreatment standards for existing sources (PSESs) that the Agency promulgated in 2015 for the Steam Electric Power Generating Point Source Category.

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State AG Coalition Challenges EPA’s Delay for Chemical Safety Amendments

In response to the EPA’s final rule to extend for 20 months a stay of recent revisions to chemical accident prevention regulations, a coalition of attorneys general (AGs) from 11 states filed a petition July 24 with the U.S. District Court of Appeals for the District of Columbia Circuit asserting the agency exceeded its authority […]

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Civil Penalty Policy for CFATS Violations Published by DHS

The U.S Department of Homeland Security (DHS) recently released a policy document and factsheet on its Infrastructure Security Compliance Division’s (ISCD) process for assessing civil penalties and cease operations orders under the Chemical Facility Anti-Terrorism Standards (CFATS) program. The ISCD has authority to issue administrative orders and to assess civil penalties for violation of CFATS […]

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Will the RMP Amendments’ Audit Provisions Stand?

Based on the settlement in a recent enforcement case involving violations of the Clean Air Act (CAA) Risk Management Program (RMP) discussed in yesterday’s Advisor, it seems likely that the U.S. Environmental Protection Agency (EPA) will maintain the controversial third-party audit provisions of the RMP amendments. Let’s take a look at these requirements and industry […]

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Pruitt Wants to Revisit Provisions of GHG Rule for Medium- and Heavy-Duty Engines and Vehicles

Responding to petitions for reconsideration from several industry organizations, EPA Administrator Scott Pruitt has announced that the Agency will “revisit provisions” of its Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2 (October 25, 2016, FR). Based on short letters he has sent to petitioners, it appears that Pruitt […]

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State CCR Permitting Guidance Released

The EPA has issued interim final guidance outlining the process and procedures the Agency generally intends to use to review and make determinations on state coal combustion residual (CCR) permitting programs.

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Reconsideration of Vehicle Midterm Evaluation

The EPA and the National Highway Traffic Safety Administration (NHTSA) have jointly issued a formal notice of reconsideration of and an invitation to comment on the Obama EPA’s midterm evaluation (MTE) of greenhouse gas (GHG) emissions standards for model year (MY) 2022–2025 light-duty vehicles. According to the agencies, the period of reconsideration is “an opportunity […]

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Changes in Refrigerant Regulation: Are You Prepared?

The regulation of refrigeration and air-conditioning equipment is changing.  The universe of regulated refrigerants is expanding, commonly used refrigerants are being phased out, and revised refrigerant regulations are being phased in.  Is your facility prepared to cope with the changes in order to avoid penalties and enforcement actions?

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EPA’s 2015 HFC Rule Nullified by D.C. Circuit

In a 2-to-1 opinion, the U.S. Court of Appeals for the D.C. Circuit found that the EPA veered outside its statutory authority when it issued a rule in 2015 that ordered manufacturers to stop using hydrofluorocarbons (HFCs) in their products because the substances contributed to climate change. Accordingly, the court remanded that part of the […]

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