EPA Clean Power Plan

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Obama To Slash Emissions From Power Plants

The U.S. Environmental Protection Agency (EPA) has released its long awaited proposed greenhouse gas (GHG) emission standards to slash carbon emissions from existing power plants, the largest industrial source of GHG emissions in the US. The rule, if upheld by the Supreme Court, will require existing...

U.S. EPA Proposes Increased Reliance on TRI Data to Drive Enforcement Actions

U.S. EPA has announced that it is in the process of developing new electronic tools to utilize the data collected by its Toxics Release Inventory (TRI) to better focus its enforcement efforts. According to Steven Knizner, acting director of U.S. EPA's TRI Program Division, U.S. EPA's TRI program...

U.S. EPA Issues Final Regulations Governing Cooling Water Use At Power Plants And Industrial Facilities

The U.S. EPA has promulgated final regulations that established requirements for cooling water intakes at existing power plants and industrial facilities. After almost 20 years of attempting to adopt rules under Section 316(b) of the Clean Water Act, [ enhanced version available to lexis.com subscribers...

U.S. EPA Hits Pause On CERCLA Vapor Intrusion Regulations

U.S. EPA has voluntarily withdrawn its proposed Hazard Ranking System ("HRS") rule that would have allowed regulators to list a site on the National Priorities List ("NPL") solely on the basis of the risks posed by vapor intrusion. The withdrawal occurred after the proposed rule had...

Methane Emissions from Oil and Natural Gas Production and Use – How Accurate are the Estimates?

During a recent Environmental Law Institute teleconference, the climate change director of the US EPA’s air office cautioned that a better understanding is needed before drawing any conclusions from the top down or atmospheric sampling that was done to determine the level of methane emissions from...

Federal Court Rejects USEPA’s Attempt to Limit Summit Ruling to Sixth Circuit

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a USEPA memorandum aimed at limiting the reach of S ummit Petroleum Corp. v. USEPA , (6th Cir. Aug 7, 2012), [ enhanced version available to lexis.com subscribers ], a case which condemned USEPA’s use of a functional interrelationship...

The D.C. Circuit Court Rejects EPA Guidance on Source Aggregation

The D.C. Circuit Court of Appeals, [ enhanced version available to lexis.com subscribers ], ruled upon a petition filed by an industry coalition which objected to the manner in which USEPA intended to implement the 6 th Circuit Court of Appeals ruling in Summit Petroleum Corp. v. EPA , [ enhanced version...

EPA Evaluates Fracking Chemicals

The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. In a response to a citizen petition under Section 21 of TSCA submitted by...

Supreme Court Ruling Means Some Facilities Will No Longer Trigger Greenhouse Gas Permitting Requirements

In a highly anticipated decision issued June 23, 2014, the U.S. Supreme Court held that USEPA cannot require a stationary source to obtain a Prevention of Significant Deterioration (PSD) or Title V permit on the sole basis of its potential to emit greenhouse gas emissions. At the same time, however,...

Babst Calland: U.S. EPA Proposes Amendments to Air Rules Affecting Oil and Gas Industry

By Meredith Odato Graham [On July 17] the U.S. Environmental Protection Agency (USEPA) published proposed amendments to federal air regulations at 40 C.F.R. 60, Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution). Subpart OOOO was first promulgated...

Clean Power Plan Proposal Includes Incentives For States To Focus On Controversial Nuclear Energy

There has been a lot of discussion and press around the EPA’s new Clean Power Plan , which is intended to reduce CO2 emissions from existing power plants by 30% from 2005 levels by 2030. The EPA proposed this plan on June 2nd under its Clean Air Act §111(d) authority, which “requires...

Environmental Protection Agency Releases New Policy Statement on Climate Change Adaptation

The Environmental Protection Agency has released a new Policy Statement on Climate Change Adaptation , building on the last policy statement released by the EPA in June 2011. In the statement, the EPA has developed a more direct, urgent tone in describing the initiatives to be taken in adapting to the...

Keller and Heckman LLP: EPA Rulemakings Seek to Buttress Renewable Fuel Program

By Jean-Cyril (JC) Walker and Adrienne M. Timmel Over the past few weeks the U.S. Environmental Protection Agency (“EPA”) finalized several rules affecting its Renewable Fuel Standard (“RFS”) Program. On July 18, 2014, EPA finalized its rules concerning the Renewable Identification...

Appellate Court Rejects Challenge To NPL Listing

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that although the petitioner had standing to challenge...

Ohio’s Fugitive Emissions Regulations

By Zahava Bennett and Eli Humphries Many energy prospectors, including the T. Boone Pickens, have viewed natural gas as a bridge fuel leading to a more sustainable future. Although natural gas burns cleaner than other fossil fuels, there is concern that a valuable resource is being wasted and additional...

U.S. EPA 2013 TRI Preliminary Dataset Now Available

EPA has released the 2013 Toxic Release Inventory (TRI) preliminary dataset, which contains toxic chemical release and pollution prevention data reported by facilities for the 2013 calendar year. The currently available dataset includes reporting forms processed as of July 9, 2014 (the annual reporting...

GAO Finds EPA Needs to Better Protect Drinking Water from Fracking Activities

The U.S. Government Accountability Office (GAO) has released a report entitled “ Drinking Water: EPA Program to Protect Underground Sources from Injection of Fluids Associated with Oil and Gas Production Needs Improvement ,” in which the GAO reviews EPA’s oversight of its Underground...

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking

By Abigail Faulkner Jones On September 9, the U.S. House of Representatives voted to pass a bill introduced in response to the ‘Waters of the United States’ Proposed Rule that was prepared jointly by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (USEPA...

US EPA Urban Air Toxics Report to Congress

By Joyce A. Gentry The US EPA has released the Second Integrated Urban Air Toxics Report to Congress. This is the final of two reports required by the 1990 Clean Air Act (CAA) to inform Congress on the process in reducing public health risks from urban air toxics. A copy of the complete report...

Congress Tries to Reign in US EPA Rulemaking on Waters of the United States

By Katerina E. Milenkovski On September 9, 2014, the United States House of Representatives passed H.R. 5078 , a bill that would prohibit EPA and the U.S. Army Corps of Engineers from finalizing the Waters of the United States rulemaking that was proposed earlier this year. The bill, which was...

Babst Calland: EPA Inspector General Continues Review of Fracking Rules Over Objections from Senate

By Holly A. Pisanelli The Inspector General (IG) for the U.S. Environmental Protection Agency (EPA), Arthur Elkins, has vowed to continue to evaluate the effectiveness of state and federal regulations of hydraulic fracturing. The IG recently responded by letter to early October correspondence from...

Challenges to EPA’s Proposed Carbon Rules: What If They Succeed?

By Michael B. Gerrard The Clean Power Plan proposed by the Environmental Protection Agency in June is the centerpiece of the Obama Administration’s efforts to fight climate change. Coal-fired power plants are by far the largest source of greenhouse gas emissions in the United States, and...

Montana Submits Comments on EPA’s Sweeping ‘Waters of the U.S.’ Proposal

House Speaker, agricultural community, counties, homebuilders voice opposition to proposal Earlier this month, the Montana Attorney General’s Office submitted comments to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers regarding proposed rules that would dramatically...