had held that only specified reference test data could be used to prove violations of applicable emissions limits.
|
|
- Gwen Maxwell
- 5 years ago
- Views:
Transcription
1 STAPPA and ALAPCO Briefing Paper on EPA's Rulemakings to Implement Enhanced Monitoring, Compliance Certification, and Credible Evidence Requirements (March 19, 1997) STAPPA and ALAPCO Briefing Paper on EPA s Rulemakings to Implement Enhanced Monitoring, Compliance Certification, and Credible Evidence Requirements March 19, 1997 The following brief is intended to provide a summary of EPA s efforts to develop and promulgate regulations mandated under the Clean Air Act relating to enhanced monitoring, compliance certification, and credible evidence. Section 114(a)(3) requires EPA to implement enhanced monitoring and compliance certification requirements for major stationary source owners or operators, which are subject to the Title V operating permits program. Section 113(a) authorizes the use of other credible evidence in addition to data obtained using reference test methodologies. In 1990, Congress passed, and the President signed, comprehensive amendments to the Clean Air Act, including new requirements for enhanced monitoring and compliance certifications by major sources of regulated air pollutants (Section 114(a)(3)). That section provides that: The Administrator shall in the case of any person which is the owner or operator of a major stationary source, and may, in the case of any other person, require enhanced monitoring and submission of compliance certifications. The 1990 Amendments also added new authority for EPA (and its delegatees) to use expanded forms of air quality information when determining sources violations of applicable emission standards (Section 113(a)). That section provides that: Whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any requirement or prohibition of an applicable implementation plan or permit, the Administrator [may issue compliance orders, administrative penalties, or bring civil actions] (emphasis added). The 1990 Amendments also revised Section 113(e)(1) to nullify a federal court decision (United States v. Kaiser Steel Corp., No. CV IH (C.D. Cal., Jan. 17, 1984)) that
2 had held that only specified reference test data could be used to prove violations of applicable emissions limits. In October 1993, EPA published in the Federal Register (58 FR 54648) a proposed rule to implement the Section 114(a)(3) enhanced monitoring and compliance certification requirements, which was coined the Enhanced Monitoring (EM) rulemaking. In the same Federal Register notice, EPA solicited comment on its proposal to amend 40 CFR Parts 51, 52, 60, and 61 to implement the requirements in Section 113(a) by eliminating language in those Parts that provided for exclusive reliance on reference test methods as the means of demonstrating compliance with various emission limits under the Act. This proposal is referred to as the Credible Evidence rulemaking. The STAPPA and ALAPCO Enforcement Committee developed a set of principles for developing comments on EPA s EM proposal, based on state and local concerns. The Committee has used these principles in developing comments under both the original EM rulemaking and the current (CAM) proposal (described below). These principles are included as an attachment to this summary. EPA s proposed Enhanced Monitoring rulemaking would have provided for the direct enforceability of underlying emission standards based on violations detected using enhanced monitoring methodologies selected by each source (the flexible approach ), which could be based on either direct emissions data or operating parameters. Although STAPPA and ALAPCO supported the proposed direct-enforcement aspects of the proposal, state and local air agencies strongly opposed the proposal s resource-intensive flexible approach for selecting enhanced monitoring methodologies, which would require state and local permitting authorities to review, on a case-by-case basis, each source s proposed monitoring methodology. Industry stakeholders also expressed concern with the proposal, particularly that it would increase the stringency of applicable emission standards via the provisions that would allow the use of other credible evidence. Environmental stakeholders favored both the direct enforceability aspects of the proposal, as well as the ability to use other credible evidence to establish violations of sources emission limits. Ultimately in May 1995, EPA announced its plan to shelve the original EM rulemaking in order to identify a more viable approach. This delay also placed the Credible Evidence rulemaking on hold. After internal EPA deliberations, the agency transferred responsibility for development of an alternative enhanced monitoring rule from the Office of Enforcement and Compliance Assurance (OECA) to the Office of Air Quality Planning and Standards. Responsibility for promulgating the Credible Evidence rulemaking, however, was retained by OECA. In September 1995, EPA released a public draft of its new Compliance Assurance Monitoring (CAM) approach to replace the failed EM rulemaking. In that same announcement, EPA stated that it would hold further discussions with stakeholders before it finalized its Credible Evidence rulemaking.
3 Under the CAM proposal, affected sources would be required to submit CAM plans containing surrogate (parametric) monitoring or other operations and maintenance practices that would reasonably ensure compliance with the applicable emission standards. The preamble to the rule provided that the proposed CAM rule was based on an approach to establish monitoring for the purpose of: (1) documenting continued operation of the control measures within ranges of specified indicators of performance (such as emissions, control device parameters and process parameters) that are designed to provide a reasonable assurance of compliance with applicable requirements; (2) indicating any excursions from these ranges; and (3) responding to the data so that excursions are corrected. The proposal, however, would not allow agencies to use the monitoring data and operating parameters to directly enforce violations of affected sources applicable emission limits; rather, if a source s monitoring data revealed operations outside the applicable parametric range, the source only would be required to undertake corrective action to return its operations to within the approved range. Moreover, the CAM proposal would impose on state and local permitting authorities the significant burden of having to review each source s CAM plans. STAPPA and ALAPCO participated in several EPA stakeholder meetings late in 1995 and into 1996, which were used to obtain input on the CAM proposal. On April 2, 1996, EPA held a public hearing on its proposed Credible Evidence rulemaking, at which STAPPA and ALAPCO testified in support of state and local air agencies having the authority to use credible evidence as an enforcement tool in determining compliance. Subsequently on October 15, 1996, in written comments to EPA on the agency s formal CAM proposal, STAPPA and ALAPCO objected to both (1) the proposed rule s failure to provide any enforcement nexus between the monitoring data collected and sources applicable emission limits and (2) the burden to state and local air agencies from the CAM proposal s requirement that permitting authorities conduct case-by-case reviews of all CAM plans. In its formal CAM proposal, EPA solicited comment on the use of other credible evidence, to which STAPPA and ALAPCO reiterated that the associations believe that using data other than compliance reference test method data as the basis for Title V compliance certifications and in enforcement actions for determining violations of applicable emissions limits or standards is appropriate. STAPPA and ALAPCO have begun developing a set of recommendations to address the enforceability and resource problems associated with EPA s CAM proposal. These recommendations are expected to be forwarded to EPA within the next few weeks. On February 13, 1997, EPA Administrator Carol Browner signed the agency s final Credible Evidence Rule. The rule was published in the Federal Register on February 24 (62 FR 8313) and will become effective on April 25. The rule s preamble provides that it does not amend existing emission standards, is not intended to affect the stringency of
4 applicable emission standards, and does not alter sources compliance obligations; rather, it removes any regulatory bar to the admission of non-reference test data to prove a violation of an emission standard, leaving to the courts how credible and probative those data are that a violation has occurred. According to EPA, sources, citizens, and regulators will be able to use other credible evidence to support claims of both noncompliance and compliance. The original 1993 Credible Evidence proposal had announced a SIP call for agencies to revise their plans to ensure the ability to use other credible evidence. Through September 1996, 16 agencies had submitted SIP amendments, with six having received approval. The final credible evidence rule continues this SIP call. EPA has indicated that deadlines for responding will be forthcoming shortly. The final rule is available on EPA s Federal Register web site ( Industry, which has long challenged EPA s plan to propose regulations allowing the use of other credible evidence for determining compliance and in civil actions, recently sued EPA in federal court over the agency s final credible evidence rule. Further developments in EPA s promulgation of its CAM rule will be reported in Air Web Alerts and in future Washington Updates. Please contact Dave Wallenberg of the Secretariat if you have questions. STATE/LOCAL PRINCIPLES FOR ENHANCED MONITORING State and local air agencies believe that any rule that EPA promulgates to carry out the provision in the Clean Air Act Amendments of 1990 regarding enhanced monitoring and compliance assurance should address the following: 1 The rule should facilitate more/better compliance data; 2 EPA should promulgate a quality rule as quickly as possible; 3 To be most effective, the rule should: a) provide for adequate emissions monitoring at each source; b) provide for adequate tracking of compliance; c) provide for adequate reporting of exceedances; and d) provide for the annual certification of compliance status; 4 The rule should avoid a resource-intensive case-by-case application review; 5 Monitoring methods, such as those in Parts 60 & 61, represent good monitoring and the rule should build on them; 6 The rule should (possibly through a de minimis threshold) apply to only the significant emissions units at facilities subject to the rule; 7 The rule should acknowledge existing enforcement requirements as sufficient and directly enforceable, and where existing requirements do not provide for direct
5 enforcement, state and local agencies must be able to enforce where permit violations occur; 8 The rule should be flexible enough to accommodate situations where state-only (SIP) rules exist, and 9 The rule should not require the reopening of permits (prior to permit renewals) to incorporate changes in monitoring methods.
ENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5] Air Plan Approval; Illinois; Volatile Organic Compounds
This document is scheduled to be published in the Federal Register on 10/05/2015 and available online at http://federalregister.gov/a/2015-25158, and on FDsys.gov 6560-50-P ENVIRONMENTAL PROTECTION AGENCY
More informationUse of Credible Evidence to Prove Clean Air Act Violations
Boston College Environmental Affairs Law Review Volume 25 Issue 4 Article 2 8-1-1998 Use of Credible Evidence to Prove Clean Air Act Violations Paul D. Hoburg Follow this and additional works at: http://lawdigitalcommons.bc.edu/ealr
More informationFederalR eg ister Environm entald o cu m en ts
Page 1 of 9 file:///j:/air/airq uality/aq PortalFiles/Perm its/op /Section_110_Approval.htm Last updated o n Monday, Ju ly 0 7, 2 0 0 8 FederalR eg ister Environm entald o cu m en ts Y o u are h ere: EPA
More informationTable of Contents Introduction and Background II. Statutory Authority III. Need for the Amendments IV. Reasonableness of the Amendments
Minnesota Pollution Control Agency General Statement of Need and Reasonableness for Proposed Amendment to Rules Governing Hazardous Waste Minnesota Rules, Chapters 7001 and 7045-1 - Table of Contents I.
More informationENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5] Air Plan Approval; Illinois; Volatile Organic Compounds
This document is scheduled to be published in the Federal Register on 05/24/2018 and available online at https://federalregister.gov/d/2018-11068, and on FDsys.gov 6560-50-P ENVIRONMENTAL PROTECTION AGENCY
More informationGuidance for Permit Related Changes Under Title V
Guidance for Permit Related Changes Under Title V The following is based wholly on District Rules 1401, 1410 and 40 CFR Part 70, all of which stem from Title V of the Clean Air Act (CAA). If questions
More informationRULE 2520 FEDERALLY MANDATED OPERATING PERMITS (Adopted June 15, 1995, Amended June 21, 2001)
RULE 2520 FEDERALLY MANDATED OPERATING PERMITS (Adopted June 15, 1995, Amended June 21, 2001) 1.0 Purpose The purpose of this rule is to provide for the following: 1.1 An administrative mechanism for issuing
More informationAGENCY: Enforcement and Compliance, International Trade Administration, Department of
This document is scheduled to be published in the Federal Register on 01/05/2017 and available online at https://federalregister.gov/d/2016-31667, and on FDsys.gov BILLING CODE: 3510-DS-P DEPARTMENT OF
More informationENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5]
This document is scheduled to be published in the Federal Register on 01/31/2014 and available online at http://federalregister.gov/a/2014-01900, and on FDsys.gov 6560-50-P ENVIRONMENTAL PROTECTION AGENCY
More informationEPA S UNPRECEDENTED EXERCISE OF AUTHORITY UNDER CLEAN WATER ACT SECTION 404(C)
EPA S UNPRECEDENTED EXERCISE OF AUTHORITY UNDER CLEAN WATER ACT SECTION 404(C) I. Background Deidre G. Duncan Karma B. Brown On January 13, 2011, the Environmental Protection Agency (EPA), for the first
More informationN.J.S.A. 13:9B-1 et seq., and 13:1D-1 et seq., P.L. 1995, c. 296 (N.J.S.A. 13:1D-125 et seq.)
ENVIRONMENTAL PROTECTION COMPLIANCE AND ENFORCEMENT Freshwater Wetlands Protection Act Proposed amendments: N.J.A.C. 7:7A-1.4, 10.1, 10.2 16.1, 16.9, 16.10, and 16.11, Proposed new rule: N.J.A.C. 7:7A-16.19
More information40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401. Definition of Waters of the United States Amendment of Effective Date of 2015 Clean
The EPA Administrator, Scott Pruitt, along with Mr. Ryan A. Fisher, Acting Assistant Secretary of the Army for Civil Works, signed the following proposed rule on 11/16/2017, and EPA is submitting it for
More informationUSCA Case # Document # Filed: 03/24/2017 Page 1 of 4 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ) )
USCA Case #17-1099 Document #1668154 Filed: 03/24/2017 Page 1 of 4 MAR 2 4 2017 DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
More informationThis Week in Review June 6-10, 2005
This Week in Review June 6-10, 2005 (1) Senate Appropriations Committee Approves FY 2006 Spending Bill (June 9, 2005) The Senate Appropriations Committee approved legislation that includes EPA s FY 2006
More informationAccidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further Delay of Effective Date
The EPA Administrator, E. Scott Pruitt, signed the following final rule on 3/29/2017, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy
More informationCase 3:17-cv WWE Document 52 Filed 02/07/18 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
Case 3:17-cv-00796-WWE Document 52 Filed 02/07/18 Page 1 of 7 STATE OF CONNECTICUT, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SIERRA CLUB and Connecticut FUND FOR THE ENVIRONMENT,
More informationTitle 25 ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [25 PA. CODE CH. 130] Portable Fuel Containers
Title 25 ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [25 PA. CODE CH. 130] Portable Fuel Containers The Environmental Quality Board (Board) amends Chapter 130 (relating to standards for products)
More informationBEFl~~~~~:~~'; i~~~~~~~~~~d E(~ O(~t: TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION
JAN - 8 2015 BEFl~~~~~:~~'; i~~~~~~~~~~d E(~ O(~t: TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION TENNESSEE CHAMBER OF COMMERCE AND INDUSTRY, Petitioner. No. APC. /5'-{(j J [? PETITION FOR DECLARATORY
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
CASE 0:12-cv-03043-RHK-JSM Document 47-1 Filed 06/24/14 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) National Parks Conservation Association, ) Minnesota Center for Environmental )
More informationa. Collectively, this law and regulations adopted under this title are to be known as the Mashantucket Pequot Tribal Clean Air Program (CAP).
TITLE 47. CLEAN AIR PROGRAM CHAPTER 1. GENERAL PROVISIONS 47 M.P.T.L. ch. 1 1 1. Title a. Collectively, this law and regulations adopted under this title are to be known as the Mashantucket Pequot Tribal
More informationPNM EXHIBIT Rt~D-8. Consisting of 7 pages
PNM EXHIBIT Rt~D-8 Consisting of 7 pages STATE OF 1\'"EW MEXICO BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD IN THE MATTER OF PROPOSED REVISIONS TO THE STATE IMPLEMENTATION PLA..~ FOR THE SAN JUA.~ GENERATING
More informationIn the Supreme Court of the United States
No. 12-1182 In the Supreme Court of the United States UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, ET AL., PETITIONERS v. EME HOMER CITY GENERATION, L.P., ET AL. ON PETITION FOR A WRIT OF CERTIORARI
More informationThis document is scheduled to be published in the Federal Register on 07/01/2016 and available online at http://federalregister.gov/a/2016-15411, and on FDsys.gov ENVIRONMENTAL PROTECTION AGENCY 40 CFR
More informationCALL TO ORDER (Charlie Carter)
ENVIRONMENTAL MANAGEMENT COMMISSION AIR QUALITY COMMITTEE MEETING SUMMARY March 8, 2017 Archdale Building-Ground Floor Hearing Room 10:00 AM - 11:00 AM The Air Quality Committee (AQC) of the Environmental
More informationUNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF THE ADMINISTRATOR SUBJECT: Principles and Best Practices for Oversight of Federal Environmental Programs Implemented by States
More informationCase 4:17-cv JSW Document 39 Filed 03/21/18 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-cv-0-jsw Document Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 0 PINEROS Y CAMPESINOS UNIDOS DEL NOROESTE, et al., v. Plaintiffs, E. SCOTT PRUITT, et al., Defendants.
More informationRemaining Requirements for Mercury and Air Toxics Standards (MATS) Electronic Reporting Requirements
This document is scheduled to be published in the Federal Register on 07/02/2018 and available online at https://federalregister.gov/d/2018-14308, and on FDsys.gov 6560-50-P ENVIRONMENTAL PROTECTION AGENCY
More informationORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #15-1219 Document #1609250 Filed: 04/18/2016 Page 1 of 16 ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ) UTILITY SOLID WASTE ACTIVITIES
More informationBILLING CODE: DEPARTMENT OF JUSTICE. Executive Office for Immigration Review. 8 CFR Parts 1003, 1103, 1208, 1211, 1212, 1215, 1216, 1235
This document is scheduled to be published in the Federal Register on 09/28/2012 and available online at http://federalregister.gov/a/2012-23874, and on FDsys.gov BILLING CODE: 4410-30 DEPARTMENT OF JUSTICE
More informationAviation Rulemaking Advisory Committee - New Task (Part 145 Working Group) SUMMARY: The FAA has assigned the Aviation Rulemaking Advisory Committee
This document is scheduled to be published in the Federal Register on 01/18/2018 and available online at https://federalregister.gov/d/2018-00819, and on FDsys.gov [4910-13] DEPARTMENT OF TRANSPORTATION
More informationBILLING CODE: DEPARTMENT OF HOMELAND SECURITY. 6 CFR Part 46 DEPARTMENT OF AGRICULTURE. 7 CFR Part 1c DEPARTMENT OF ENERGY.
This document is scheduled to be published in the Federal Register on 01/22/2018 and available online at https://federalregister.gov/d/2018-00997, and on FDsys.gov BILLING CODE: 4150-36 DEPARTMENT OF HOMELAND
More informationApril 20, Dear Mr. Perciasepe:
April 20, 2011 THE ENVIRONMENTAL COUNCIL OF THE STATES 50 F Street, NW Suite 350 Washington, D.C. 20001 Tel: (202) 266-4920 Fax: (202) 266-4937 Web: www.ecos.org Richard Opper Director, Montana Department
More informationNOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION
John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer WATER QUALITY CONTROL COMMISSION http://www.cdphe.state.co.us/op/wqcc/index.html 4300 Cherry Creek
More informationARKANSAS POLLUTION CONTROL and ECOLOGY COMMISSION REGULATION NO. 26 REGULATIONS OF THE ARKANSAS OPERATING AIR PERMIT PROGRAM
/ / Pollution Control and Ecology Commission# 014.00-026 ARKANSAS POLLUTION CONTROL and ECOLOGY COMMISSION REGULATION NO. 26 REGULATIONS OF THE ARKANSAS OPERATING AIR PERMIT PROGRAM FILED MAR 0 4 2016
More informationThe Role of the U.S. Government Accountability Office
The Role of the U.S. Government Accountability Office Presentation to Visiting Fellows George Washington University November 11, 2009 Loren Yager, Ph.D. Director International Affairs and Trade U.S GAO
More informationPima County Department of Environmental Quality. Gatekeeper Regulatory Roundup
Pima County Department of Environmental Quality Gatekeeper Regulatory Roundup Richard Grimaldi Deputy Director March 19, 2017 Overview Air Quality Authority Rulemaking Process Proposed Rulemaking Packages
More informationWashington State Compliance Assurance Agreement for Air Programs
Washington State Compliance Assurance Agreement for Air Programs among The Washington State Department of Ecology The Energy Facility Site Evaluation Council The Washington Local Air Pollution Control
More informationGuidance for the public, FDA Advisory Committee Members, and FDA Staff: The Open Public Hearing at FDA Advisory Committee Meetings
Reprinted from FDA s website by Guidance for the public, FDA Advisory Committee Members, and FDA Staff: The Open Public Hearing at FDA Advisory Committee Meetings FINAL GUIDANCE Comments and suggestions
More informationORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #17-1014 Document #1668936 Filed: 03/31/2017 Page 1 of 10 ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ) STATE OF NORTH DAKOTA, ET
More informationSETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT This Settlement Agreement is entered into by Basin Electric Power Cooperative ( Basin Electric ), the State of Wyoming ( Wyoming ), and the United States Environmental Protection Agency
More informationEnvironmental Defense v. Duke Energy Corp.: Administrative and Procedural Tools in Environmental Law. by Ryan Petersen *
Environmental Defense v. Duke Energy Corp.: Administrative and Procedural Tools in Environmental Law by Ryan Petersen * On November 2, 2006 the U.S. Supreme Court hears oral arguments in a case with important
More informationDefense Federal Acquisition Regulation Supplement: State. Sponsor of Terrorism North Korea (DFARS Case 2018-D004)
This document is scheduled to be published in the Federal Register on 01/31/2018 and available online at https://federalregister.gov/d/2018-01780, and on FDsys.gov 5001-06-P DEPARTMENT OF DEFENSE Defense
More informationState s Legal Authority to Adopt and Implement the Plan
State s Legal Authority to Adopt and Implement the Plan The State s legal authority to adopt and implement this State Implementation Plan revision can be found in Arkansas Code Annotated (Ark. Code Ann.)
More informationSmall Business Regulatory Enforcement Fairness Act of 1996 (P.L )
Small Business Regulatory Enforcement Fairness Act of 1996 (P.L. 104-121) The Small Business Regulatory Enforcement Fairness Act of 1996 was signed by President Clinton on March 29, 1996, at which time
More informationDetermination of Full Program Adequacy of Washington s Municipal Solid Waste Landfill
This document is scheduled to be published in the Federal Register on 11/28/2016 and available online at https://federalregister.gov/d/2016-26754, and on FDsys.gov 6560-50-P ENVIRONMENTAL PROTECTION AGENCY
More informationTable of Contents. Both petitioners and EPA are supported by numerous amici curiae (friends of the court).
Clean Power Plan Litigation Updates On October 23, 2015, multiple parties petitioned the D.C. Circuit Court of Appeals to review EPA s Clean Power Plan and to stay the rule pending judicial review. This
More informationAttachment 1 Federal Requirements for Procurements in Excess of $150,000 Not Including Construction or Rolling Stock Contracts
1.0 No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or
More informationCONFORMITY SIP MEMORANDUM OF AGREEMENT OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS MPO
CONFORMITY SIP MEMORANDUM OF AGREEMENT OHIO-KENTUCKY-INDIANA REGIONAL COUNCIL OF GOVERNMENTS MPO The purpose of this Memorandum of Agreement (MOA) is to implement Section 176 of the Clean Air Act (CAA),
More informationCORPORATION FOR NATIONAL AND COMMUNITY SERVICE. Annual Civil Monetary Penalties Inflation Adjustment
This document is scheduled to be published in the Federal Register on 01/16/2018 and available online at https://federalregister.gov/d/2018-00558, and on FDsys.gov BILLING CODE 6050-28-P CORPORATION FOR
More informationORAL ARGUMENT NOT YET SCHEDULED IN NO ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO
USCA Case #17-1014 Document #1668929 Filed: 03/31/2017 Page 1 of 6 ORAL ARGUMENT NOT YET SCHEDULED IN NO. 17-1014 ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO. 15-1363 IN THE UNITED STATES COURT OF APPEALS
More informationCase 3:15-md CRB Document 3228 Filed 05/17/17 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-md-0-crb Document Filed 0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 IN RE: VOLKSWAGEN CLEAN DIESEL MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION /
More information401 KAR 52:040. State-origin permits.
401 KAR 52:040. State-origin permits. RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110, 224.20-120, 42 U.S.C. 7412, 7429 STATUTORY AUTHORITY: KRS 224.10-100, 224.20-100, 224.20-110, 224.20-120, 42 U.S.C.
More informationEPA Docket Center (EPA/DC) U.S. Environmental Protection Agency Mailcode: 2822T 1200 Pennsylvania Ave, NW Washington, DC
MEMBER COMPANIES Clean Harbors Environmental Services Dow Chemical U.S.A. E. I. Du Pont de Nemours Eastman Chemical Company INVISTA S.àr.l. 3M Ross Incineration Services, Inc. Veolia ES Technical Services,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA OPINION AND ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA SIERRA CLUB, ) ) Plaintiff, ) ) vs. ) Case No.: 13-CV-356-JHP ) OKLAHOMA GAS AND ELECTIC ) COMPANY, ) ) Defendant. ) OPINION AND
More information360 CMR: MASSACHUSETTS WATER RESOURCES AUTHORITY
360 CMR 2.00: ENFORCEMENT AND ADMINISTRATIVE PENALTIES Section GENERAL PROVISIONS 2.01: Authority 2.02: Purpose 2.03: Severability 2.04: Definitions 2.05: Applicability 2.06: Computation of Time 2.07:
More informationJudicial Consideration of Feasibility in Enforcement of The Clean Air Act
Judicial Consideration of Feasibility in Enforcement of The Clean Air Act by Jim Racobs and Christine Winn I. THE CLEAN AIR ACT AND THE PROBLEM OF FEASIBILITY Due to the increasing industrialization of
More informationFebruary 20, Dear Acting Administrator Wheeler and Assistant Secretary James:
February 20, 2019 The Honorable Andrew Wheeler The Honorable R.D. James Acting Administrator Assistant Secretary for the Army for Civil Works U.S. Environmental Protection Agency U.S. Army Corps of Engineers
More informationHOGAN & HARTSON L.L.P.
HOGAN & HARTSON L.L.P. LESLIE SUE RITTS PARTNER DIRECT DIAL (202) 637-6573 LSRITTS@HHLAW.COM COLUMBIA SQUARE 555 THIRTEENTH STREET, NW WASHINGTON, DC 20004-1109 TEL (202) 637-5600 FAX (202) 637-5910 WWW.HHLAW.COM
More informationDEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection. 8 CFR Parts 103 and 235. Docket No. USCBP CBP Decision No.
This document is scheduled to be published in the Federal Register on 11/23/2016 and available online at https://federalregister.gov/d/2016-28177, and on FDsys.gov 9111-14 DEPARTMENT OF HOMELAND SECURITY
More informationRules Update-SWMP. July 16, 2018
Rules Update-SWMP July 16, 2018 Rulemaking Initiatives Red Tape Reduction Result of Executive Order 17-03 All RTR Rules were required to be filed by the department by June 30, 2018 Governor Parson extended
More informationBureau of Consumer Financial Protection. No. 164 August 24, Part V
Vol. 81 Wednesday, No. 164 August 24, 2016 Part V Bureau of Consumer Financial Protection 12 CFR Parts 1070 and 1091 Amendments Relating to Disclosure of Records and Information; Proposed Rule VerDate
More information[Docket No. FWS R7 SM ; FXFR FF07J00000; FBMS
This document is scheduled to be published in the Federal Register on 03/23/2018 and available online at https://federalregister.gov/d/2018-05848, and on FDsys.gov 3411 15 P; 4333 15 P DEPARTMENT OF AGRICULTURE
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. MEMORANDUM OPINION (June 14, 2016)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SIERRA CLUB, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and GINA McCARTHY, Administrator, United States Environmental Protection
More informationCase 2:16-cv BJR Document 34 Filed 08/03/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Case :-cv-00-bjr Document Filed 0/0/ Page of UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 0 PUGET SOUNDKEEPER ALLIANCE, CENTER FOR JUSTICE, RE SOURCES FOR SUSTAINABLE
More informationThe Department shall administer the air quality program of the State. (1973, c. 821, s. 6; c. 1262, s. 23; 1977, c. 771, s. 4; 1987, c. 827, s. 204.
ARTICLE 21B. Air Pollution Control. 143-215.105. Declaration of policy; definitions. The declaration of public policy set forth in G.S. 143-211, the definitions in G.S. 143-212, and the definitions in
More informationUNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION No GOLD (and consolidated cases)
Case 1:04-cv-21448-ASG Document 658 Entered on FLSD Docket 07/09/2012 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION No. 04-21448-GOLD (and consolidated cases)
More informationEDGAR CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
EDGAR CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: HISD is in the process of ensuring that all policies and procedures involving the expenditure of federal
More information8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability and Standards; Definitions;
Railroad Commission of Texas Page 1 of 16 The Railroad Commission of Texas (Commission) proposes amendments to 8.1, 8.5, 8.101, 8.130, 8.201, 8.235, 8.310, and 8.315, relating to General Applicability
More informationORAL ARGUMENT NOT YET SCHEDULED IN NO ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO
USCA Case #17-1092 Document #1671332 Filed: 04/17/2017 Page 1 of 7 ORAL ARGUMENT NOT YET SCHEDULED IN NO. 17-1014 ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO. 15-1363 IN THE UNITED STATES COURT OF APPEALS
More informationCase 3:14-cv JLH Document 34 Filed 02/25/15 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION
Case 3:14-cv-00193-JLH Document 34 Filed 02/25/15 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NUCOR STEEL-ARKANSAS; and NUCOR YAMATO STEEL COMPANY PLAINTIFFS
More informationU.S. Department of Homeland Security Citizenship and Immigration Services Administrative Appeals Office
U.S. Department of Homeland Security Citizenship and Immigration Services Administrative Appeals Office AILA DC Chapter Fall 2013 Conference November 13, 2013 Administrative Appeals Office (AAO) The AAO
More informationCase3:14-cv Document1 Filed09/03/14 Page1 of 8
Case:-cv-0 Document Filed0/0/ Page of 0 SAM HIRSCH Acting Assistant Attorney General Environment and Natural Resources Division MARK SABATH (Mass. Bar No. Senior Attorney Environmental Enforcement Section
More informationSUBCHAPTER B PROCEDURAL RULES
SUBCHAPTER B PROCEDURAL RULES PART 11 GENERAL RULEMAKING PROCEDURES Subpart A Rulemaking Procedures Sec. 11.1 To what does this part apply? DEFINITION OF TERMS 11.3 What is an advance notice of proposed
More informationRegulatory Accountability Act of Key Differences Between the Senate RAA and H.R. 5
Regulatory Accountability Act of 2017 Promoting transparency, accountability, and common sense in the regulatory process Sponsored by Senators Rob Portman and Heidi Heitkamp Key Differences Between the
More informationLocal Governments and the Future of Waste Management and Disposal
Local Governments and the Future of Waste Management and Disposal Kara Colton Director of Nuclear Energy Programs Energy Communities Alliance NCSL Legislative Summit: Nuclear Waste Update August 13, 2013
More informationSETTLEMENT AGREEMENT. This Settlement Agreement is made by and between: 1) Sierra Club; and 2)
SETTLEMENT AGREEMENT This Settlement Agreement is made by and between: 1) Sierra Club; and 2) the U.S. Environmental Protection Agency and its Administrator, Gina McCarthy (collectively EPA ). WHEREAS,
More informationDEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR Part 100. [Docket No. FR-6111-A-01] RIN 2529-ZA01
This document is scheduled to be published in the Federal Register on 06/20/2018 and available online at https://federalregister.gov/d/2018-13340, and on FDsys.gov Billing Code: 4210-67 DEPARTMENT OF HOUSING
More informationAmerican Electric Power Company v. Connecticut
Public Land and Resources Law Review Volume 0 Case Summaries 2011-2012 American Electric Power Company v. Connecticut Talasi Brooks University of Montana School of Law Follow this and additional works
More informationU.S. Environmental Protection Agency EPA West (Air Docket) Mailcode: 6102T 1200 Pennsylvania Ave, NW Washington, DC 20460
MEMBER COMPANIES Clean Harbors Environmental Services Dow Chemical U.S.A. E. I. Du Pont de Nemours Eastman Chemical Company INVISTA S.àr.l. 3M Ross Incineration Services, Inc. Veolia ES Technical Services,
More informationState Regulatory Authority Over Nuclear Waste Facilities
July 2015 State Regulatory Authority Over Nuclear Waste Facilities In 2012, the Blue Ribbon Commission on America s Nuclear Future (BRC) called for a new, consent-based approach to siting disposal and
More informationBEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING
BEFORE THE PUBLIC SERVICE COMMISSION OF WYOMING IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER FOR APPROVAL OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CONSTRUCT SELECTIVE CATALYTIC
More informationEPA Docket Center EPA West (Air Docket) U.S. Environmental Protection Agency Mailcode: 2822T 1200 Pennsylvania Ave, NW Washington, DC
MEMBER COMPANIES Clean Harbors Environmental Services Dow Chemical U.S.A. E. I. Du Pont de Nemours Eastman Chemical Company INVISTA S.a.r.l. 3M Ross Incineration Services, Inc. Veolia ES Technical Services,
More informationAmerican Electric Power Company v. Connecticut, 131 S. Ct (2011). Talasi Brooks ABSTRACT
American Electric Power Company v. Connecticut, 131 S. Ct. 2527 (2011). Talasi Brooks ABSTRACT American Electric Power Company v. Connecticut reaffirms the Supreme Court s decision in Massachusetts v.
More informationSan Joaquin Valley Air Pollution Control District
San Joaquin Valley Air Pollution Control District COMPLIANCE ASSISTANCE BULLETIN (Updated August 19, 2009) TITLE V REPORTING REQUIREMENTS Title V Permit holders are required to submit three types of reports.
More informationThe Regulatory Tsunami That Wasn t
The Regulatory Tsunami That Wasn t The Charge Since the midterm elections, business has been complaining that the Obama administration is pushing a tsunami of new regulations. This charge has been repeated
More informationDEPARTMENT OF DEFENSE BILLING CODE Defense Contract Audit Agency (DCAA) Privacy Act Program
This document is scheduled to be published in the Federal Register on 02/06/2014 and available online at http://federalregister.gov/a/2014-01882, and on FDsys.gov DEPARTMENT OF DEFENSE BILLING CODE 5001-06
More informationCOALITION FOR CLEAN AIR; SIERRA CLUB, INC., v. E.P.A.
1 COALITION FOR CLEAN AIR; SIERRA CLUB, INC., v. E.P.A. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 971 F.2d 219 July 1, 1992 PRIOR HISTORY: Appeal from the United States District Court for the
More informationAddendum # 1 BL Rhodes Jordan Park Multi-Purpose Field Conversion
August 17, 2018 Addendum # 1 BL078-18 Rhodes Jordan Park Multi-Purpose Field Conversion Note: The question deadline has changed. Questions regarding bids should be directed to Dana Garland, CPPB, Purchasing
More informationDEPARTMENT OF TRANSPORTATION X. AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT).
This document is scheduled to be published in the Federal Register on 04/26/2017 and available online at https://federalregister.gov/d/2017-08416, and on FDsys.gov DEPARTMENT OF TRANSPORTATION 4910-9X
More informationCOMPLIANCE ORDER ON CONSENT Case No
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION STATIONARY SOURCES PROGRAM COMPLIANCE ORDER ON CONSENT Case No. 2005-095 The Colorado Department of Public Health and
More informationUnited States Court of Appeals for the District of Columbia Circuit
USCA Case #15-1363 Document #1600448 Filed: 02/23/2016 Page 1 of 11 ORAL ARGUMENT SCHEDULED FOR JUNE 2, 2016 No. 15-1363 (Consolidated with Nos. 15-1364, 15-1365, 15-1366, 15-1367, 15-1368, 15-1370, 15-1371,
More informationClean Water Act Section 303: Water Quality Standards Regulation and TMDLs. San Francisco BayKeeper v. Whitman. 297 F.3d 877 (9 th Cir.
Chapter 2 - Water Quality Clean Water Act Section 303: Water Quality Standards Regulation and TMDLs San Francisco BayKeeper v. Whitman 297 F.3d 877 (9 th Cir. 2002) HUG, Circuit Judge. OPINION San Francisco
More informationRulemaking Guidelines Pursuant to Tennessee Code Annotated Title 4, Chapter 5 and Rule Chapters through
Rulemaking Guidelines Pursuant to Tennessee Code Annotated Title 4, Chapter 5 and Rule Chapters 1360-01-01 through 1360-01-03 Tennessee Secretary of State Division of Publications 312 Rosa L. Parks Avenue,
More informationMedicare Program; Certain Changes to the Low-Volume Hospital Payment. Acute Care Hospitals for Fiscal Years 2011 through 2017
This document is scheduled to be published in the Federal Register on 08/23/2018 and available online at https://federalregister.gov/d/2018-18271, and on govinfo.gov [Billing Code: 4120-01-P] DEPARTMENT
More informationNEW TYPE of rule filing
ACTION: Original DATE: 11/29/2016 11:47 AM Rule Summary and Fiscal Analysis (Part A) Ohio Environmental Protection Agency Agency Name Division of Air Pollution Control (DAPC) Division Paul J. Braun Contact
More informationH. R SEC ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING.
H. R. 2751 46 SEC. 204. ENHANCING TRACKING AND TRACING OF FOOD AND RECORDKEEPING. (a) PILOT PROJECTS. (1) IN GENERAL. Not later than 270 days after the date of enactment of this Act, the Secretary of Health
More informationPermit issuance, modifications, revisions, revocations, reopenings, and termination.
ACTION: Final DATE: 07/09/2018 10:47 AM 3745-77-08 Permit issuance, modifications, revisions, revocations, reopenings, and termination. [Comment: For dates and availability of non-regulatory government
More informationORAL ARGUMENT NOT YET SCHEDULED IN NO ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO
USCA Case #15-1379 Document #1671083 Filed: 04/14/2017 Page 1 of 8 ORAL ARGUMENT NOT YET SCHEDULED IN NO. 17-1014 ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO. 15-1363 IN THE UNITED STATES COURT OF APPEALS
More informationORAL ARGUMENT HELD DECEMBER 10, 2013 DECIDED APRIL 15, 2014 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
USCA Case #12-1100 Document #1579258 Filed: 10/21/2015 Page 1 of 8 ORAL ARGUMENT HELD DECEMBER 10, 2013 DECIDED APRIL 15, 2014 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
More informationCHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 993 and House Bill No.
CHAPTER 2011-225 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 993 and House Bill No. 7239 An act relating to rulemaking; amending s. 120.54, F.S.; requiring
More information