2 Analyses of this federal-register by attorneys

  1. Wrap-Up of Federal and State Chemical Regulatory Developments, June 2023

    Bergeson & Campbell, P.C.June 21, 2023

    HAP, non-mercury HAP metals, mercury, hydrogen chloride, polycyclic aromatic hydrocarbons (PAH), dioxin/furan, and methylene diphenyl diisocyanate. The standards EPA proposed include emission limitations and work practices applicable for PCWP process units and lumber kilns located at facilities that are major sources of HAP emissions. Comments are due July 3, 2023. EPA notes that under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of the comments by June 20, 2023.EPA Proposes To Amend GHG Reporting Rule: On May 22, 2023, EPA published a supplemental notice of proposed rulemaking that would amend specific provisions in the Greenhouse Gas (GHG) Reporting Rule to improve the quality and consistency of the rule by providing for the collection of improved data that would better inform and be relevant to a wide variety of CAA provisions that EPA carries out. 88 Fed. Reg. 32852. EPA proposed additional amendments to the GHG Reporting Rule, including updates to the General Provisions to reflect revised global warming potentials, and proposed to require reporting of GHG data from additional sectors -- specifically energy consumption; coke calcining; ceramics production; calcium carbide production; and caprolactam, glyoxal, and glyoxylic acid production. Comments are due July 21, 2023. EPA notes that comments on the information collection provisions submitted to OMB under the PRA are best assured of consideration by OMB if OMB receives a copy of the comments by June 21, 2023.EPA Proposed Rule Would Address GHG Emissions From Fossil Fuel-Fired Electric Generating Units: On May 23, 2023, EPA proposed five separate actions under CAA Section 111 addressing GHG emissions from fossil fuel-fired electric generating units (EGU). 88 Fed. Reg. 33240. EPA proposed revised new source performance standards (NSPS), first for GHG emissions from new fossil fuel-fired stationar

  2. Revisions/Confidentiality Determinations for Data Elements/Greenhouse Gas Reporting Rule: U.S. Environmental Protection Agency Proposed Rule

    Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.May 24, 2023

    Download PDFThe United States Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“Proposal”) in the May 22nd Federal Register that would amend certain parts of the Greenhouse Gas Reporting Rule (“GGRR”). See 88 Fed. Reg. 32852.EPA states that the purpose of the Proposal is to improve the quality and consistency of the GGRR through collection of improved data to better inform and be more relevant to a wider variety of Clean Air Act provisions.The GGRR requires reporting of greenhouse gas (“GHG”) data and other relevant information from:Large GHG emission sourcesFuel and industry gas suppliersCO2 injection sitesForty-one categories of reporters are encompassed by the GGRR. Facilities determine whether they are required to report based on the type of industrial operations located at the facility, emission levels, or other factors. See 40 CFR Part 98.The specified facilities are generally required to submit annual reports if:GHG emissions from covered sources exceed 25,000 metric tons of CO2e per yearSupply of certain products would result in over 25,000 metric tons of CO2e of GHG emissions if those products were released, combusted, or oxidizedEPA has previously estimated that approximately 7,600 direct emitti