When are changes to an existing system so extensive that they produce a “new” system? This question is conceptually important in any evolving organization, and can have important regulatory consequences if requirements for “existing” systems are substantially different than those for “new” systems. Emissions regulations under the Clean Air Act (CAA) contain many such situations, and on October 22 the US Environmental Protection Agency (EPA) adopted changes to the “project emissions accounting” it uses to decide whether modifications to an existing major source are so extensive as to trigger preconstruction New Source Review (NSR) requirements. This revision codifies into regulations a policy changed announced in 2018.
Read More
Tags:
EPA,
CAA,
Environment,
PSD,
NSR
I’ve written numerous times in this space about specific efforts by the Trump administration to reduce environmental regulation and enforcement. A new study from the University of Michigan Law School quantifies reductions in the administration’s criminal enforcement levels. The report is part of the school’s “Environmental Crimes Project,” and includes the first two years of the Trump Administration as the latest in a 14-year series of federal environmental enforcement data. Readers should note that federal criminal environmental enforcement is brought by the US Department of Justice (DOJ) on behalf of the US Environmental Protection Agency (EPA); EPA and delegated state agencies bring their own civil cases, and most state criminal enforcement is brought by state prosecutors on behalf of state regulatory agencies (I summarized agency enforcement in the first year of the Trump administration HERE).
Read More
Tags:
OSHA,
EPA,
RCRA,
CAA,
DOJ,
CWA,
Environment,
ESA,
SWMA
As the 2020 Presidential election approaches its close, both major parties’ major environmental proposals have been formalized. As the incumbent party, the Republican National Committee decided not to adopt a formal election platform, and instead adopted a resolution promising continuity, the most substantive provision of which is “That the Republican Party has and will continue to enthusiastically support the President’s America-first agenda.” (I summarized candidate Trump’s 2016 proposals HERE, and have written dozens of blogs summarizing specific actions since that election).
Read More
Tags:
climate change,
Environment,
Clean Air Act,
Republican Party,
2020 US Presidential election,
Clean Energy,
Democratic Party
