Category: Regulatory Developments

Cows!

Farm Continuous Release Mandate Stayed by Court

The U.S. Court of Appeals for the D.C. Circuit recently agreed to stay its mandate, or order, to require that farms with continuous air releases of hazardous substances—as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA)—file initial notifications of those releases to the […]

Initial Ozone Designations Issued by EPA

In a final rule, the EPA has established initial air quality designations for most areas in the United States for the 2015 primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The rule states that 2,646 out of 3,142 counties or county equivalents have been designated attainment or attainment/unclassifiable for the 2015 NAAQS, […]

New Bill Looks to Ensure Contractor Safety and Accountability

U.S. Representative Mark Pocan, a Wisconsin Democrat, has introduced legislation to help ensure that companies contracting with the federal government maintain safe workplaces. The Contractor Accountability and Workplace Safety Act was introduced in response to President Trump’s revocation of an executive order that required companies to disclose past labor law violations when bidding for large […]

POTW NESHAP Rule Leaves Emissions Limits Unchanged

Following its Clean Air Act Section 112 residual risk and technology review (RTR) of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for publicly owned treatment works (POTWs), the EPA has determined that the technology-based standards in the existing NESHAP protect the public health with an ample margin of safety and that no developments […]

Farm Air Emissions: Deadline for Notifications Draws Near

Beginning November 15, 2017, owners and operators of farms and animal feeding operations (AFOs) must report air releases of hazardous substances, as required by the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).

TSCA Mercury Reporting Rule Proposed by EPA

The 2016 amendments to the Toxic Substances Control Act (TSCA) included a provision at Section 8(b)(10)(D) to clarify the amount of elemental mercury and mercury compounds used in manufacturing processes in the United States along with the amount of mercury sold in products. The amendments instructed the Agency to promulgate a rule by June 22, […]

EPA Administrator: RFS Volumes Will Not Be Cut

In a letter to seven senators, EPA Administrator Scott Pruitt backed away from an October 4, 2017, proposal to either reduce or hold stagnant renewable volume obligations (RVOs) for 2018 and 2019 under the federal renewable fuel standards (RFS).

Gavel, scales of justice and law books

State Agency Picks Up Power from a Court

A recent ruling out of the U.S. District Court for the District of Utah illustrates the growing power of states under a federal administration that is backing down from the implementation and enforcement of environmental regulations and delegating increasing authority to states. What happened in this case could be an isolated incident or it could […]