Consistent with past changes in presidential administrations, on President Trump’s Inauguration Day, White House Chief of Staff Reince Priebus issued a “claw back” memo describing the process of reconsidering previously finalized regulations. Similar to memos issued by President Obama and President Bush, President Trump’s claw back memo speaks to three specific groups of rules:
Rich Pepper
EPA Changes Effective Date for New Regional Haze Rules in Published Rule
By Margaret Campbell, Mack McGuffey & Rich Pepper on
Posted in Air
As mentioned in a previous blog post, EPA recently issued a pre-publication version of the new regional haze regulations. EPA’s “pre-publication” version of the rule stated that the regulations would become effective thirty days after publication in the Federal Register. However, in the published version of the rule in…
EPA Revises Regional Haze Rules for Next Planning Period
By Margaret Campbell, Mack McGuffey & Rich Pepper on
Posted in Air
On December 15, 2016, EPA issued a pre-publication version of new regional haze regulations. The Agency’s regional haze program regulates emissions affecting visibility in national parks, or “Class I” areas. EPA promulgated the regulations in 1999 with the goal of achieving natural visibility conditions by 2064. Under the program, states must create plans to control visibility-impairing emissions, and must update these plans every “planning period” of ten years. The new regulations are intended to apply to the second planning period, but will become effective 30 days after the recently released rule is published in the Federal Register, which is scheduled for January 10th.
Challenges to EPA’s Cross-State Air Pollution Update Rule
By Margaret Campbell, Buck Dixon & Rich Pepper on
Posted in Air
A number of states, industry groups, companies and environmental groups have filed petitions for review with the D.C. Circuit challenging EPA’s final Cross State Air Pollution Update Rule. The petitions assert that EPA exceeded its statutory authority and that the rule is arbitrary and capricious.
Congress Gives EPA Authority To Approve State CCR Permitting Programs
By Holly Hill, Hahnah Williams & Rich Pepper on
Posted in Waste
On December 16, 2016, President Obama signed the Water Infrastructure Investment for the Nation Act (WIIN) (S. 612). As one of the last pieces of legislation by Congress this session, the Act gives the Environmental Protection Agency (EPA) authority to approve state permitting programs for coal combustion residuals units (CCR units). The Act also affects other areas of water resources, ranging from the remediation of lead piping in Flint, Michigan to studies addressing the California drought.
EPA Overhauls RMP Facility Safety Program
By Randy Brogdon, Angela Levin, Rich Pepper & Buck Dixon on
Posted in Air
On Wednesday, December 21, 2016, EPA issued a final rule that overhauls its Risk Management Plan (RMP) facility accident prevention program. A 2013 executive order issued by the Obama Administration following a chemical release at a Texas fertilizer facility required EPA to promulgate the rule.
EPA Begins Evaluating Chemical Risks Under Revised Toxic Substances Control Act
By Angela Levin, Doug Henderson & Rich Pepper on
Posted in TSCA
On November 29, 2016, EPA announced the first ten chemicals for which the Agency will perform a risk evaluation under the Toxic Substances Control Act (“TSCA”), as reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, passed earlier this year. As part of this review, EPA will evaluate whether the chosen chemicals “present an unreasonable risk of injury to health or the environment.”