Category: Regulatory Developments

Bill Would Block Regulation of Converted Race Cars

The 629-page proposal the EPA/National Highway Traffic Safety Administration (NHTSA) published (July 13, 2015, Federal Register (FR)) to set Phase II GHG emissions and fuel-efficiency standards for medium- and heavy-duty engines and vehicles contained a few short paragraphs from the EPA that caused a major uproar in the auto racing community.

States Begin to Adopt Portions of Definition of Solid Waste Rule

It’s been over a year since the U.S. Environmental Protection Agency (EPA) published in the Federal Register its long-awaited final rule revising regulations affecting recycling of hazardous materials under the Resource Conservation and Recovery Act (RCRA). Known as the 2015 Definition of Solid Waste rule (2015 DSW rule), this final rule exempts certain hazardous secondary […]

Environmental Groups Send a Letter to the EPW Concerning CCR Rule

Scores of national and state-based environmental groups sent a letter to the leadership of the Senate Environment and Public Works Committee (EPW) expressing their opposition to a bill that would negate many aspects of EPA’s rule governing disposal of coal combustion residuals (CCRs) from electric utilities.

States Ask Supreme Court to Stay EPA’s MATS

The attorneys general (AGs) of 20 states have asked the U.S. Supreme Court to stay EPA’s Mercury and Air Toxics Standards (MATS) because the Agency had no legal authority to promulgate them. The AGs base their argument on the Supreme Court’s ruling in Michigan v. EPA (2015), in which a 5–4 majority ruled that the […]

No Chemicals Added in RMP Proposal

There are several significant revisions in EPA’s proposal to amend its Risk Management Program (RMP) affecting approximately 12,500 facilities holding threshold quantities of regulated chemicals. There are also several significant omissions.

Final Rule Released to Simplify Lead Paint Program Training

In an effort to cut the cost of complying with EPA’s lead-based paint (LBP) program, the Agency has issued a final rule simplifying refresher training under the lead renovation, repair, and paining (RRP) rule and removed the jurisdiction-specific certification and accreditation requirement under the LBP activities rule in states where the Agency implements that rule. […]

EPA Adds Three Categories of Nonwaste Fuels

In a final rule, the EPA has added three categories of non-hazardous secondary materials (NHSMs)—construction and demolition (C&D) wood, paper recycling residuals, and creosote-treated railroad ties—to the initial list of four categories it published in a 2013 rule. NHSMs in these seven categories can be burned in combustion units as nonwaste fuels without the owner […]

Clean Power Plan Stayed by Supreme Court

The U.S. Supreme Court granted a petition from 29 states and state agencies seeking to stay EPA’s Clean Power Plan (CPP) while challenges to the plan progress through the federal courts. The practical effect of the Court’s order is that the first deadline of June 30, 2016, for states to submit their initial plans for […]