Category: Regulatory Developments

white house

A Look at EPA Deregulation Related to Pandemic Relief EO

Executive Order (EO) 13924, issued in response to COVID-19 by President Donald Trump on May 19, 2020, authorized federal agencies to provide regulatory relief to support recovery of the economy. Trump characterized this order as giving agencies “tremendous power” to cut regulations seen to hinder economic recovery.

Coal power plant with air emissions

EPA Faces Backlash, Lawsuits Over Changes to MATS

In a petition filed in the D.C. Circuit Court of Appeals on June 19, 2020, 23 advocacy groups represented by Earthjustice sued the EPA and asked the court to overturn the current administration’s updated benefit-cost analysis (BCA) for limits on coal-fired power plants’ mercury emissions. The existing Mercury and Air Toxics Standards (MATS) regulations took […]

Nighttime Farm Work

California Adopts New Standard for Nighttime Farm Work

On June 24, the California Division of Occupational Safety and Health (Cal/OSHA) announced the adoption of new workplace safety standards to protect agricultural employees who work at night. The new standards to protect agricultural workers who harvest, operate vehicles, and perform other work between sunset and sunrise are the first lighting standards in the nation.

Air emissions, pollution

EPA’s Proposed Cost-Benefit Analysis Rule Seeks Consistency, Transparency, and Public Comment

The EPA proposed a new rule on June 11, 2020, that would impose specific requirements for the Agency to utilize uniform and transparent “high-quality analysis” in its statutory obligations in the rulemaking process under the Clean Air Act (CAA). Many statutes, including the CAA, include cost consideration language but do not provide exact guidelines or […]

Air emissions, pollution

A Look at EPA’s Finalized Amendments for Organic Liquids Distribution Facilities

On March 12, 2020, the EPA finalized its rule amending the 2004 National Emissions Standards for Hazardous Air Pollutants for Organic Liquids Distribution (OLD NESHAP). Organic Liquids Distribution (OLD) air toxics standards regulate chemical and petrochemical facilities that manufacture, distribute, and store organic liquids, except gasoline and its derivatives. These standards limit the quantity of […]

Air pollution, pollutants, smokestacks

Technological Advancements Reflected in Site Remediation NESHAP Amendments

In 2003, under the Clean Air Act (CAA), the EPA established the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Site Remediation (40 CFR Part 63, Subpart GGGGG). In 2006, the rule was revised to address questions and clarifications, as well as technical errors in the original version. Many years later, in 2019, the […]

Paper Factory

Court Rules EPA Must Set New Limits for Omitted HAPs

The U.S. Court of Appeals for the District of Columbia decided in April 2020 that the EPA is required under the Clean Air Act (CAA) to set additional emissions limits on hazardous air pollutants (HAPs) from pulp mills covered by the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at […]