FERC released a policy statement on October 19, 2017, revising its longstanding approach to setting the license terms for hydroelectric projects. The new policy establishes a default term of 40 years for non-federal projects, which can be shortened or extended in certain identified circumstances. According to Section 6 of the Federal Power Act, the term of a license may not exceed 50 years — the Act sets no minimum license term. It has been FERC’s policy to set a 50-year term for licenses issued to federal projects and to base the license term for non-federal projects on the level of redevelopment, new construction, or environmental mitigation and enhancement slated for the project. For projects involving little to no activity, FERC has set a 30-year term, for a moderate amount of activity, a 40-year term, and for extensive activity, a 50-year term.
EPA’s proposed rulemaking to repeal the Clean Power Plan, signed by EPA Administrator Scott Pruitt on October 10, 2017, was published in today’s Federal Register (82 Fed.Reg. 48,035, Oct. 16, 2017). Comments will be accepted on the proposed rule through December 15, 2017. See our analysis of the proposal here.
On August 22, 2017, EPA released its proposed area designations in the latest round of designations under the 2010 SO2 National Ambient Air Quality Standard (NAAQS). The proposed designations largely track the states’ recommendations; however, EPA has identified a number of areas, recommended by states as “attainment,” that EPA believes “may be violating” the standard, including areas in Florida, Guam, Indiana, Louisiana, Minnesota, Ohio, Puerto Rico, and Wisconsin. In addition, EPA has proposed to designate some areas as unclassifiable as opposed to unclassifiable/attainment. EPA has published a table that compares its intended designations with the state recommended designations. https://www.epa.gov/sulfur-dioxide-designations/intended-sulfur-dioxide-area-designations-august-2017…
Yesterday, June 6, 2017, EPA Administrator Scott Pruitt announced a one-year delay of EPA’s final designation of areas under the 2015 ozone standard. The 2015 standard was issued on October 26, 2015 and tightened the existing 2008 standard from 75 ppb to 70 ppb. In general, EPA is required to issue designations within two years of publication of a new standard. Designations for the 2015 standard were originally due by this October, and EPA would have been required to preview for the states its intended designations at least 120 days in advance of the October deadline – by this August. …
Yesterday, November 2, 2016, EPA released a pre-publication version of proposed regulations that spell out how the Agency’s 2015 ozone National Ambient Air Quality Standard (NAAQS) will be implemented. The proposed regulations apply to states with areas that are classified as nonattainment for the 2015 standard of 70 parts per billion (ppb), as well as to states in an Ozone Transport Region.