ENVIRONMENTAL COMPLIANCE
Federal
EPA Proposed Revisions to NESHAP for Coal- and Oil-Fired Electric Utility Steam Generating Units
April 24, 2023
EPA is proposing to amend the NESHAP for coal- and oil-fired electric utility steam generating units (EGUs) (40 CFR 63, Subpart UUUUU), commonly known as the Mercury and Air Toxics Standards (MATS) as a result of the May 22, 2020 residual risk and technology review. Specifically, EPA is proposing to amend the surrogate standard for non-mercury (Hg) metal HAP (filterable particulate matter (fPM)) for existing coal-fired EGUs; the fPM compliance demonstration requirements; the Hg standard for lignite-fired EGUs; and the definition of startup.
Source: EPA
New Climate Rule Aimed to Cut Power Plant Emissions by 2040
April 24, 2023
Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to significantly reduce greenhouse-gas emissions, aiming to eliminate emissions by 2040. The regulation, currently under review by the Office of Management and Budget, reportedly would set stringent limits on fossil-fuel-burning power plants, requiring these plants to install capture carbon technology to reduce or eliminate emissions from smokestacks, or to switch fuels altogether. Although the rule is not yet final, reports indicate the limits in the rule are potentially so stringent that they could eliminate greenhouse-gas emissions from power plants by 2040, in line with Biden Administration targets for the electricity sector.
Source: Beveridge & Diamond
New Biden Executive Order Continues to Advance Environmental Justice Agenda
April 21, 2023
President Biden signed a new executive order further directing all federal agencies to prioritize environmental justice (EJ) initiatives in their core missions. The Executive Order, entitled Revitalizing Our Nation’s Commitment to Environmental Justice for All, builds on prior efforts, including Executive Order 12898 - the seminal EJ executive order signed by President Bill Clinton nearly three decades ago – and a long line of Biden Administration actions geared towards advancing EJ, including the Justice40 Initiative.
Source: The White House
Parliament Adopts New Law to Fight Global Deforestation
April 19, 2023
To fight climate change and biodiversity loss, the new law obliges companies to ensure products sold in the EU have not led to deforestation and forest degradation.
Source: European Parliament
EPA Proposes Revisions to the National Primary Drinking Water Regulations
April 6, 2023
EPA is proposing to revise the Consumer Confidence Report (CCR) Rule in accordance with America’s Water Infrastructure Act (AWIA) of 2018 and to require reporting of compliance monitoring data to EPA.
Source: EPA
Texas
Federal Clean Air Act (FCAA) Section 185 Meeting Announcement
April 24, 2023
On April 26, 2023, the Houston-Galveston Area Council (H-GAC) will host the United States Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) to discuss impending federal requirements for major stationary point source penalty fees. The Houston-Galveston-Brazoria (HGB) severe ozone nonattainment area will be subject to the FCAA Section 185 fee if the area fails to attain the 2008 eight-hour ozone National Ambient Air Quality Standard by July 20, 2027.
The EPA and the TCEQ will present an overview of the FCAA Section 185 fee requirements with ample time for questions and answers.
Source: TCEQ
Rebate Grants Program has been Reopened with Millions in Additional Funding Available April 7, 2023
The Texas Commission on Environmental Quality (TCEQ) is accepting additional applications for the Rebate Grants program. This first-come, first-served grant program provides funding to help reduce NOx emissions from on-road, heavy-duty diesel vehicles and select diesel non-road equipment in nonattainment areas and affected counties in Texas.
Source: TCEQ
Federal Clean Air Act (FCAA) Section 185 Meeting Announcement
April 5, 2023
On April 26, 2023, the Houston-Galveston Area Council (H-GAC) will host the United States Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) to discuss impending federal requirements for major stationary point source penalty fees. The Houston-Galveston-Brazoria (HGB) severe ozone nonattainment area will be subject to the Federal Clean Air Act Section 185 fee if the area fails to attain the 2008 eight-hour ozone National Ambient Air Quality Standard by July 20, 2027. The EPA and the TCEQ will present an overview of the FCAA Section 185 fee requirements with time for questions and answers.
Source: TCEQ
Need ISO Help?
HEALTH & SAFETY COMPLIANCE
PHMSA Makes Technical Corrections to Gas Transmission Pipelines Regulations
April 24, 2023
PHMSA is making necessary technical corrections to ensure consistency within, and the intended effect of, its recently issued final rule “Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments.”
Source: PHMSA
Change to OSHA Injury and Illness Reporting Gets Final Review at OMB
April 21, 2023
OSHA’s Final Rule to revise the injury and illness reporting/recordkeeping requirements for employers is under review at the Office of Management and Budget (OMB). Once OMB completes its review, OSHA will publish the Final Rule and give it an effective date (usually 60 days after publication). The rule, proposed in March 2022, changes the criteria for which employers must report injury and illness data to OSHA each year and what information must be provided. In general, OSHA requires most employers with 10 or more employees to keep records of workplace injuries and illnesses (see 29 CFR 1904.1(a)). In addition to recording work-related cases throughout the year, some employers must submit information about work-related injuries and illnesses to OSHA on an annual basis.
Source: Lion
Addendum II to the 2023 IATA DGR Released
April 11, 2023
IATA released its second add-on (""addendum"") to the current Dangerous Goods Regulations (DGR), the 64th Edition, in effect as of January 1, 2023. IATA issues these updates to the DGR to correct errors, add or remove restrictions, and clarify the regulations for air shippers.
Addendum II features two updates of relevance to shippers of portable electronic devices (including medical devices) and of battery-powered vehicles or equipment.
Source: Lion
2023 Lithium Battery Guidance Document Transport of Lithium Metal and Lithium Ion Batteries
April 7, 2023
The IATA (International Air Transport Association) Lithium Battery Guidance Document has been updated for 2023. The latest version is based on the provisions set out in the 2023-2024 edition of the ICAO (ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air) and the 64th Edition of the IATA Dangerous Goods Regulations (DGR). The Document provides guidance for complying with provisions regarding the transportation of lithium (ion and metal) by air. Some of the changes in the 2023 edition include:
Clarification of the lithium battery test summary requirements
Updated classification flow charts for both Lithium-ion and Lithium-metal
Reference to the new Lithium Battery Mark, without the telephone number
Updated and New Q&A/FAQ
Clarification of the edition of the UN Manual and Criteria to be referenced for the testing of lithium batteries
Source: IATA
SUSTAINABILITY, ESG, AND CLIMATE ACTION
SEC Steps Up Enforcement on ESG Reporting with Climate Disclosure Rules Looming
April 27, 2023
With several recent high-profile enforcement actions and the creation of a new Climate and ESG Task Force, the Securities and Exchange Commission (SEC) has made it clear that it intends to proactively pursue companies for ESG-related reporting misconduct. These actions send the message that the SEC’s focus on company ESG-related disclosures extend beyond those to be required in a soon anticipated final SEC climate disclosure rules. Given the increasingly wider SEC regulatory umbrella over ESG reporting, companies need to be taking steps to review their policies and controls around ESG-related disclosures to ensure they don’t fall prey to misleading statements, and consequently, public SEC scrutiny, regardless of the proposed rule.
Source: ESG Today
Fit For 55': Council Adopts Key Pieces of Legislation Delivering On 2030 Climate Targets
April 25, 2023
The Council today adopted five laws that will enable the EU to cut greenhouse gas emissions within the main sectors of the economy, while making sure that the most vulnerable citizens and micro-enterprises, as well as the sectors exposed to carbon leakage, are effectively supported in the climate transition.
The laws are part of the 'Fit for 55' package, which sets the EU’s policies in line with its commitment to reduce its net greenhouse gas emissions by at least 55% by 2030 compared to 1990 levels and to achieve climate neutrality in 2050.
Source: European Union
New Global Initiatives Push for the “Right to Repair” Consumer Goods
April 20, 2023
New “Right to Repair” legislation worldwide seeks to extend product lifespan and increase circularity, thereby reducing premature waste. The legislation often aims to facilitate consumer and independent company repair of products by requiring manufacturers to provide the documentation, tools, and parts needed to make repairs. These initiatives aim to improve the longevity of products and boost the repair sector, but can also raise concerns about confidential business information in repair manuals, burdensome compliance obligations for manufacturers, and liability and other risks associated with third-party repairs of products.
Source: Beveridge & Diamond
Finally – A Framework for Internal Controls Over Sustainability Reporting
April 20, 2023
The Committee of Sponsoring Organizations of the Treadway Commission (COSO) Internal Control—Integrated Framework, originally issued in 1992 and refreshed in 2013 (ICIF-2013 or Framework), was developed as guidance to help improve confidence in all types of data and information.
Source: Practical ESG
Climate Risk Regulation Rundown: March 2023
April 13, 2023
On March 20, US President Joe Biden vetoed a Republican-led attempt to stop retirement plan managers from considering environmental, social, and governance (ESG) factors when making investments. The Department of Labor’s rule, put into effect this January, allows managers to consider climate change and other ESG factors as long as they are relevant to a risk and return analysis.
Source: Manifest Climate
Treasury Department, IRS Release Clean Vehicle Tax Guidance
April 12, 2023
The U.S. Department of the Treasury and IRS have released several pieces of guidance regarding the tax incentives for clean vehicles provided under Sections 30D (new clean vehicle credit), 25E (previously owned vehicle credit) and 45W (commercial clean vehicle credit) as modified and enacted by the Inflation Reduction Act of 2022 (IRA).
Most recently, a long-awaited notice of proposed rulemaking (NPRM) was issued under Section 30D to provide guidance for manufacturers and consumers of clean energy vehicles.
Source: Holland & Knight
ESAs Propose Amendments to Extend and Simplify Sustainability Disclosures
April 12, 2023
Europe’s three primary financial regulatory agencies, the European Supervisory Authorities (ESAs), announced a series of proposed amendments aimed at extending and simplifying the EU’s Sustainable Finance Disclosure Regulation (SFDR). Proposals include the addition of information regarding the decarbonization targets of financial products, and the inclusion of a dashboard providing information about products’ sustainable and taxonomy-aligned investment.
Source: ESMA
TNFD Nature-Related Risk & Opportunity Management and Disclosure Framework
April 5, 2023
The Taskforce on Nature-related Financial Disclosures (TNFD) framework will be published in September 2023 ready for market adoption. It includes recommended disclosures aligned with the recommendations of the Task Force on Climate-related Financial Disclosures (TCFD).
Source: TNFD