Category: Regulatory Developments

House Passes Joint Resolution to Block CPP

The U.S. House welcomed President Obama’s return from the Paris climate change conference by passing a joint resolution to block the EPA from implementing its Clean Power Plan (CPP) to regulate carbon emissions from existing power plants.

Compliance with the Final Hazmat Rule is January 1, 2016 – Or is It?

By Elizabeth Dickinson, JD The “Hazardous Materials: Harmonization with International Standards (RRR)” final rule was issued on January 8, 2015. Voluntary compliance with the new rule began January 1, 2015, with mandatory compliance delayed until January 1, 2016, unless otherwise specified (as it is for numerous provisions).

Final Amendments for Boiler MACT

The EPA’s January 2013 amendments to its maximum achievable control technology standards for industrial, commercial, and institutional boilers and process heaters (Boiler MACT) was a highly consequential action that prompted both industry and environmental groups to submit 13 petitions asking the Agency to reconsider certain provisions. In a final rule, the Agency has responded to […]

Widely Used Pesticide… Canceled!

Following through on a court ruling, the EPA has issued a final cancellation order for sulfoxaflor, a widely used pesticide active ingredient manufactured by Dow AgroSciences and registered by the EPA in May 2013.

Interstate Pollution FIP Proposed

The EPA has released a preproposal for a Federal Implementation Plan (FIP) to carry out its Cross-State Air Pollution Rule (CSAPR) in states that do not have approved state implementation plans (SIP) showing how they will comply with the CSAPR.

Emergency Generator Amendments Proposed

Explaining that owners of regulated stationary emergency generators supplying lifesaving power in emergency situations need more flexibility to bypass emissions controls, the EPA is proposing to allow manufacturers to design the engines in these generators with the means to allow operators to override emissions-control inducements. The Agency is also proposing to redefine remote areas of […]

WOTUS, WOTUS Everywhere, and Not a Drop in the Senate!

After failing the day before to collect the votes needed to approve a bill to force the EPA and Army Corps of Engineers (EPA/Corps) to rewrite their embattled June 29, 2015, Clean Water Rule (also called WOTUS for waters of the United States), Senate opponents of the rule gained the simple majority needed to pass […]

TSCA Reform Bill Supported!

It appears that the U.S. Senate will approve the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) before the end of 2015. The bill, which has the general support of the chemical industry and some major environmental groups, would amend many provisions of the 1976 Toxic Substances Control Act (TSCA). Under […]

States Petition to Stay the Clean Power Plan

Promptly upon EPA’s publication of its Clean Power Plan (CPP) in the Federal Register, a coalition of 23 states requested that the U.S. Court of Appeals for the D.C. Circuit stay the rule and consider its petition for review. The CPP requires that states take actions to reduce emissions of carbon dioxide (CO2) from existing […]