News & Analysis In the Agencies Volumes
85 FR 69508
11/03/2020
Update Type
Final Rules

EPA amended NESHAPs for the phosphoric acid manufacturing source category to revise the maximum achievable control technology floor for mercury for existing calciners.

Volume
51
Issue
1
Update Volume
50
Update Issue
33
85 FR 71099
11/06/2020
Update Type
Notices

United States v. Koppers Inc., No. 5:20-cv-236 (N.D. W. Va. Nov. 2, 2020). A settling CWA defendant that failed to adhere to precautionary requirements designed to prevent or contain discharges of oil into navigable waters must conduct integrity testing on the two noncompliant tanks at its only owned and operated facility in Follansbee, West Virginia, update its regulatory plans, and pay civil penalties.

Volume
51
Issue
1
Update Volume
50
Update Issue
33
85 FR 73229
11/17/2020
Update Type
Final Rules

SIP Approval: Utah (determination of attainment by the attainment date for the Salt Lake City and Provo 2006 24-hour fine particulate matter serious nonattainment areas).

Volume
51
Issue
1
Update Volume
50
Update Issue
34
85 FR 74890
11/24/2020
Update Type
Final Rules

EPA revised its major new source review (NSR) applicability regulations to clarify when the requirement to obtain a major NSR permit applies to a source proposing to undertake a physical change or change in the method of operation under the major NSR preconstruction permitting programs.

Volume
51
Issue
1
Update Volume
50
Update Issue
35
85 FR 77384
12/02/2020
Update Type
Final Rules

EPA announced it would not impose financial responsibility requirements under §108(b) of CERCLA for facilities in the electric power generation, transmission, and distribution industry, the petroleum and coal products manufacturing industry, and the chemical manufacturing industry.

Volume
51
Issue
2
Update Volume
50
Update Issue
35
85 FR 79129
12/09/2020
Update Type
Notices

Due to adverse comments, EPA withdrew an October 2020 direct final rule that codified its findings that nine areas in four states attained the revoked 1997 eight-hour ozone NAAQS by the applicable attainment dates.

Volume
51
Issue
2
Update Volume
50
Update Issue
36
85 FR 81144
12/15/2020
Update Type
Notices

FWS announced its 12-month finding on a petition to reclassify the northern spotted owl from a threatened species to an endangered species under the ESA; the agency found that reclassification is warranted but precluded by higher priority actions to amend the lists of endangered and threatened wildlife and plants, and announced that it would develop a proposed rule to reclassify the northern spotted owl as priorities allowed.

Volume
51
Issue
2
Update Volume
50
Update Issue
36
85 FR 82528
12/18/2020
Update Type
Notices

NRC issued for comment draft NUREG-2242, "Replacement Energy Cost Estimates for Nuclear Power Plants: 2020–2030," which updates previous estimates of replacement energy costs for potential shutdowns of U.S. nuclear electricity-generating units.

Volume
51
Issue
2
Update Volume
50
Update Issue
36
85 FR 69778
11/03/2020
Update Type
Final Rules

FWS removed the gray wolf entities in the lower 48 United States and Mexico, except for the Mexican wolf, from the list of endangered and threatened wildlife under the ESA. 

Volume
51
Issue
1
Update Volume
50
Update Issue
33
85 FR 71295
11/09/2020
Update Type
Proposed Rules

SIP Proposal: Wisconsin (update to definition of "replacement unit" and clarification of calculation used to determine emissions under a plantwide applicability limitation in the Wisconsin Administrative Code).

Volume
51
Issue
1
Update Volume
50
Update Issue
33