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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
EPA Proposes Change to Treatment of Fugitive Emissions in New Source Review
On October 13, 2022, the U.S. Environmental Protection Agency (EPA) released a proposed rule changing the treatment of fugitive emissions in determining whether a modification is major under the New Source Review (NSR) provisions of the Clean Air Act. The proposed rule — which modifies NSR regulations that have been stayed since 2009 — would require all major sources to consider fugitive emissions when determining whether a proposed change would constitute a major modification. Regulated entities considering changes to their existing facilities should monitor the progress of this rule and consider commenting.
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Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Announces Second Update to EJSCREEN: EJSCREEN 2.1
On October 11, 2022, the U.S. Environmental Protection Agency (EPA or the Agency) announced the second update to the Agency’s environmental justice (EJ) mapping and screening tool — EJSCREEN 2.1. EPA uses the tool to identify areas that may have higher environmental burdens and inform several Agency functions, including permitting, enforcement, outreach, and compliance. This is the fourth EJ mapping or screening tool launched or updated this year by the Biden administration, following the U.S. Department of Health and Human Service’s (DHHS) Environmental Justice Index (EJI), EPA’s EJSCREEN 2.0, and the White House’s Climate and Economic Justice Tool.
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Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Hannah Posen
Chicago
hposen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. EPA Office of Land and Emergency Management Publishes Environmental Justice Action Plan
On September 30, 2022, the Office of Land and Emergency Management within the U.S. Environmental Protection Agency (EPA or the Agency) published an action plan, “EJ Action Plan: Building Up Environmental Justice in EPA’s Land Protection and Cleanup Programs” (EJ Action Plan). EPA describes the EJ Action Plan as “a key component” of its implementation of President Joe Biden’s Executive Orders 13985 and 14008 to promote environmental justice (EJ).
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
U.S. Fish and Wildlife Service Proposes General Eagle Incidental Take Permitting Process for Infrastructure Projects
On Friday, September 30, the U.S. Fish and Wildlife Service (FWS) proposed revisions to its regulations governing eagle and eagle nest incidental take permits, with the goal of increasing the efficiency and effectiveness of the permitting process while increasing the conservation benefit for eagles. Notably, FWS proposed a general permit option for qualifying wind-energy generation projects and power line infrastructure, which obviates the need for project sponsors to seek specific permit authorization.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
EPA Issues Toxic Substances Control Act Significant New Use Rules for Certain Chemical Substances Used in Chemical Manufacturing and Petroleum Refining
On Thursday, September 29, the U.S. Environmental Protection Agency (EPA) issued Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are the subject of premanufacture notices and associated TSCA orders prohibiting manufacturers from undertaking significant new uses. (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
U.S. EPA Establishes New Office of Environmental Justice and External Civil Rights
On September 24, 2022, the U.S. Environmental Protection Agency (EPA) announced the establishment of a new national program office, the Office of Environmental Justice and External Civil Rights, which will span all 10 EPA regions and be supported by more than 200 staff. The new office will be led by a U.S. Senate-confirmed Assistant Administrator, who will be announced at a later date. According to the EPA, the new office will address environmental justice matters by providing grants and technical assistance, enforcing federal civil rights laws, developing and implementing environmental laws, regulations, and policies, and providing support in alternative dispute resolution.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
U.S. FERC Proposes Revisions to Cybersecurity Incentives for Utilities
On September 22, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) regarding Incentives for Advanced Cybersecurity Investment, requesting comment on proposed revisions to regulations implementing the Federal Power Act (FPA). The revisions would provide incentive-based rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by utilities for certain voluntary cybersecurity investments. The NOPR was issued in response to a Congressional mandate set forth in the Infrastructure Investment and Jobs Act of 2021, which directed FERC to establish cybersecurity incentives that would encourage investments by utilities in advanced cybersecurity technology and participation in cybersecurity threat information sharing programs. This NOPR replaces a prior cybersecurity incentives NOPR from December 2020.
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Emily P. Mallen
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Alice A. Wang
Marissa Prieto
U.S. FERC Issues Two Orders Clarifying the Scope of its Natural Gas Act Jurisdiction
On September 22, 2022, the U.S. Federal Energy Regulatory Commission’s (FERC) denied two separate complaints against natural gas pipelines located entirely within one state that turned on whether FERC had jurisdiction over the facilities under the Natural Gas Act (NGA). (more…)
Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
Emily P. Mallen
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Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
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Grace Dickson Gerbas
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Terence T. Healey
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Kenneth W. Irvin
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Christopher J. Polito
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Casey Khan
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Michael L. Lisak
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Brittany A. Bolen
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Brooklyn Hildebrandt
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Nicole E. Noëlliste
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Hannah Posen
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Jack Raffetto
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