Rules and Agency Actions Resulting From Sue and Settle Cases (Pending or Final) 2009-2012 | U.S. Chamber of Commerce
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Rules and Agency Actions Resulting From Sue and Settle Cases (Pending or Final) 2009-2012

Air

  • The Environmental Protection Agency (EPA) agreed to propose the first-ever greenhouse gas (GHG) regulations for power plants.
  • EPA agreed to propose the first-ever GHG regulations for petroleum refineries.
  • EPA issued Maximum Achievable Control Technology (MACT) standards for cement kilns.
  • EPA revoked rule that made it easier to burn Emission Comparable Fuel wastes.
  • EPA proposed stricter ozone standards (withdrawn, but could be published at any time).
  • EPA issued a rule that made the National Ambient Air Quality Standards (NAAQS) for particulate matter more stringent.
  • EPA issued MACT standards for hazard air pollutants for coal- and oil-fired electric utility steam generating units (Utility MACT).
  • EPA granted waiver to CA to set its own limitations on GHG emissions from automobiles.
  • EPA to increase regulations on oil- and gas-drilling operations regulations, including:
  • New Source Performance Standards (NSPS) for oil and gas drilling
  • MACT standards for hazardous air pollutant emissions
  • Residual Risk Standards
  • EPA finalized new MACT standards for polyvinyl chloride manufacturers.
  • EPA agreed to set MACT standards for brick and structural clay products manufacturing facilities located at major sources and clay ceramics manufacturing facilities located at major sources.
  • EPA imposed a Federal Implementation Plan (FIP) on OK impacting three coal-fired power plants.
  • EPA imposed an FIP on ND impacting seven coal-fired power plants.
  • EPA imposed an FIP on NM impacting one coal-fired power plant.
  • EPA imposed an FIP on NE impacting one coal-fired power plant.
  • EPA agreed to review kraft pulp NSPS.
  • EPA revised NSPS for nitric acid plants.
  • EPA agreed to review national emissions standards for radon emissions from operating mill tailings.
  • EPA agreed to review NSPS for municipal solid waste landfills.
  • EPA issued MACT standards for boilers (Boiler MACT).
  • EPA issued MACT standards for stationary reciprocating internal combustion engines (RICE rule).

EPA issuing MACT standards for:

  • Marine tank vessel loading operations
  • Pharmaceuticals production
  • Printing and publishing industry
  • Hard and decorative chromium electroplating and chromium anodizing tanks
  • Steel pickling—HCL process facilities and hydrochloric acid regeneration plants
  • Group I polymers and resins
  • Shipbuilding and ship repair
  • Wood furniture manufacturing operations
  • Primary lead smelting
  • Secondary lead smelting
  • Pulp and paper production industry
  • Aerospace manufacturing and rework facilities
  • Mineral wool production
  • Primary aluminum reduction plants
  • Portland cement manufacturing industry
  • Ferroalloys production—ferromanganese and silicomanganese
  • Wool fiberglass manufacturing
  • Secondary aluminum production
  • Pesticide active ingredient production
  • Polyether polyols production
  • Group IV polymers and resins
  • Flexible polyurethane foam production
  • Generic MACT—acrylic and modacrylic fibers production
  • Generic MACT—polycarbonate production
  • Off-site waste and recovery operations
  • Phosphoric acid manufacturing
  • Phosphate fertilizers production plants
  • Group III polymers and resins—manufacture of amino/phenolic resins

EPA agreed to take action on the following proposals related to State Implementation Plans (SIPs):

  • CA SIP revision regarding San Joaquin Valley (SJV) 1997 PM2.5 attainment plan
  • CA SIP revision regarding rule changes for SJV Unified Air Pollution Control District
  • CA SIP revision regarding particulate matter from beef feedlot operations
  • CA SIP revision regarding PM10 emissions in Imperial County
  • CA SIP revision regarding air quality rules in Imperial County
  • Pesticide Element SIP submittal and the Fumigant Rules submittal
  • KY SIP submission regarding 1997 PM2.5 NAAQS for the Huntington-Ashland area
  • KY SIP submission regarding 1997 PM2.5 NAAQS emissions inventory for Louisville
  • EPA agreed to issue a federal plan if Louisiana regulators do not attain 1997 ozone standards in Baton Rouge
  • CA SIP revisions addressing 1997 PM2.5 and ozone NAAQS for South Coast Air Basin
  • 1997 ozone NAAQS revision for NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA
  • CA SIP submission demonstrating RACT for SJV
  • CA SIP submission for 1997 ozone NAAQS plan for SJV
  • 1997 ozone NAAQS submission by NY, NJ, CT, MA, IL, and MO
  • TX SIP submission addressing 1997 ozone and PM2.5 NAAQS
  • EPA required to approve or disapprove ozone NAAQS SIPs for 21 states
  • AL SIP for 1997 PM2.5 NAAQS and GA SIP for 1997 8-hour ozone NAAQS
  • AR regional haze SIP
  • TX SIP submission for Houston-Galveston-Brazoria 1997 8-hour ozone nonattainment areas
  • KY SIP submission addressing 1997 ozone NAAQS in 3 counties
  • SIP submission for certain NAAQS for MA, CT, NJ, NY, PA, MD, and DE
  • SIPS for certain areas of IL, ME, and MO
  • NC and SC SIP submissions for 1997 ozone NAAQS
  • OK SIP submission regarding excess emissions
  • Determination of 1-hour ozone attainment designations for areas in TX, CT, MD, NY, NJ, MA, and NH
  • 1997 ozone NAAQS for areas in NV and PA
  • Determination of area designations for the 2008 ground-level ozone NAAQS
  • AZ SIP submission regarding plan for 1997 NAAQS attainment in Phoenix-Mesa
  • 41 SIP submissions by CO, UT, MT, and NM
  • SIP submissions for 1997 8-hour ozone and PM2.5 NAAQS by CA, CO, ID, NM, ND, OK, and OR
  • 2006 PM2.5 NAAQS Infrastructure SIP submissions by AL, CT, FL, MS, NC, TN, IN, ME, OH, NM, DE, KY, NV, AR, NH, SC, MA, AZ, GA, and WV
  • SIP submissions regarding regional haze and excess emissions standards in CO, WY, MT, and ND
  • UT SIP revision regarding the “breakdown provision”
  • Two UT SIP submissions, including one on regional haze
  • 1997 8-hour NAAQS for ozone in Salt Lake and Davis Counties (UT)
  • UT SIP submission addressing PM10 NAAQS designations for Salt Lake County, Utah County, and Ogden City

Land

  • U.S. Forest Service (USFS) considering blocking 1 million acres in CA federal parks from development.
  • EPA considering revisions to “definition of solid waste.”
  • Office of Surface Mining agreed to consider restricting mining activities near waterways (Stream Buffer Zone Rule).
  • The Bureau of Land Management agreed to consider amending 12 resource management plans that opened 2 million acres of federal lands for potential oil shale leasing.
  • National Park Service reduced snowmobile usage inside Yellowstone National Park.
  • USFS agreed to withdraw its decision notice regarding the “Wildcat” project on the Umatilla National Forest.

Plants and Animals

  • National Marine Fisheries Service (NMFS) imposed inspection requirements for Atlantic Herring Fishery.
  • Fish and Wildlife Service (FWS) doubled size of critical habitat of Hine’s emerald dragonfly to more than 26,000 acres in MI and MO.
  • The Department of the Interior (DOI) designated about 10,386 acres of critical habitat for Chiracahua leopard frog.
  • DOI agreed to issue decisions that had not already been made on hundreds of plant and animal species from list of 674 species.
  • FWS listed the whitebark pine tree as an endangered species as a result of climate change.
  • NMFS agreed to issue recovery plans for sperm plans, fin whales, and sei whales.
  • DOI agreed to issue 12-month findings under the Endangered Species Act on 12 species of parrots, macaws, and cockatoos.
  • USFS agreed to make final determinations under the Endangered Species Act for 251 species.
  • FWS agreed to make findings under the Endangered Species Act for at least 477 species.
  • DOI agreed to issue a decision whether to list Wright’s marsh thistle.

Water

  • New water quality standards for FL (inland).
  • New water quality standards for FL (coastal).
  • Guidance for mountaintop removal mining permits.
  • EPA issued guidance on how states should address ocean acidification under the Clean Water Act.
  • Army Corps of Engineers suspended nationwide surface coal mining permit.
  • EPA finalizing rule regulating cooling water intake structures.
  • EPA agreed to issues rules that revise steam electric effluent guidelines.
  • EPA agreed to establish a total maximum daily load for the Chesapeake Bay.
  • EPA agreed to develop changes to its stormwater regulations nationally.

Other

  • EPA issued stricter pesticide human-testing consent rule.
  • EPA agreed to issue specific changes to the Lead Renovation, Repair and Painting Program Rule.
  • Federal Maritime Commission ended its administrative investigation of the ports of Los Angeles and Long Beach related to their clean trucks program.