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California Climate Disclosure Legislation and More...

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EPA Proposes Requirements for Reclassification of Major Sources as Area Sources

September 28, 2023

EPA is proposing to add requirements for sources to reclassify from major source status to area source status under the NESHAP program. The requirements of this proposal would apply to all sources that choose to reclassify, including any sources which have reclassified since January 25, 2018. The EPA is proposing that sources reclassifying from major source status to area source status under the NESHAP program must satisfy the following criteria: any permit limitations taken to reclassify from a major source of hazardous air pollutants (HAP) under the Clean Air Act to an area source of HAP must be federally enforceable, any such permit limitations must contain safeguards to prevent emission increases after reclassification beyond the applicable major source NESHAP requirements at time of reclassification, and reclassification will only become effective once a permit has been issued containing enforceable conditions reflecting the proposed requirements and electronic notification has been submitted to the EPA. Additionally, EPA is proposing clarifications to reporting requirements and updating language regarding submittal of confidential business information.

Source: EPA

New Acute Hazardous Waste Accumulation Limit for SQGs

September 21, 2023

A recently proposed RCRA rule includes at least two changes with the potential to affect some hazardous waste generators, and is set to take effect on December 7, 2023.

Source: Lion

Proposed Regulatory Requirements for New HAP Additions

September 14, 2023

EPA is proposing to amend the General Provisions for National Emission Standards for Hazardous Air Pollutants (NESHAP) to address applicability and compliance issues resulting from the addition of a compound to the list of hazardous air pollutants (HAP) under the Clean Air Act (CAA). The EPA is proposing to clarify the applicability of previously promulgated NESHAP when a new pollutant is added to the HAP list. In addition to defining a major source due to listing (MDSL), the EPA is proposing initial notifications, several alternatives to address applicable emission standards, and compliance deadlines for MSDL facilities.

Source: EPA

Revised Definition of “Waters of the United States”; Conforming

September 8, 2023

"Effective September 8, 2023, EPA and the US Army amended the Code of Federal Regulations (CFR) to re-define ‘‘waters of the United States” (WOTUS). The latest update adjusts provisions that were invalidated by unanimous Supreme Court decision on Sackett v. EPA earlier this year.

The new Final Rule amends EPA's previous WOTUS rule, finalized in January 2023, to adjust details that did not conform to the court's recent Sackett decision.

Specifically, the agencies revised 40 CFR 120.2 and 33 CFR 328.3.

The Sackett v. EPA case began in 2007 when US EPA ordered a property owning family (the Sacketts) to cease development on private land because the property contained wetlands that the agency believed to be protected by the Clean Water Act (due to proximity to a protected lake).

After nearly 16 years, the case concluded, and Justice Alito gave the Court’s current interpretation:

"To determine when a wetland is part of adjacent "waters of the United States," the term "waters" may be fairly read to include only wetlands that are "indistinguishable from waters of the United States." This occurs only when wetlands have "a continuous surface connection to bodies that are 'waters of the United States' in their own right, so that there is no clear demarcation between 'waters' and 'wetlands.'"


Don't Miss the Upcoming Water Quality/Stormwater Seminar

September 28, 2023

The TCEQ is hosting the Water Quality/Stormwater Seminar on October 19, 2023. This hybrid in-person/virtual seminar provides updates on permitting rules and upcoming regulations to an ever-changing customer base in the regulated community. Presentations will cover a wide range of topics.

Source: TCEQ

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PHMSA Committee to Discuss Proposed Pipeline Rules

September 21, 2023

Stakeholders can attend a 5-day public meeting to discuss two recent proposals: "Gas Pipeline Leak Detection and Repair" and "Class Location Change Requirements." Registration ends Nov. 20, 2023.

Source: Lion

Comment Period Extended: Modernizing the HMR (HM-265A)

September 21, 2023

Hazardous materials shippers and industry stakeholders can submit comments until December 4, 2023, on more than 40 DOT regulation changes and initiatives.

Source: Lion

Revised Injury & Illness Reporting Rules Take Effect January 1, 2024

September 8, 2023

Look over this updated resource from Lion to get ahead of the rule change and enter 2024 with a clear picture of exactly what your workplace must submit to comply with the revised requirements before the next reporting deadline.

Source: Lion


Greenhouse Gas Guessing Game: California's Latest Climate Disclosure Legislation

September 28, 2023

The California Legislature has sent two landmark bills to Gov. Gavin Newsom for approval that will have global repercussions. Bundled with Senate Bill (SB) 252 as part of the Climate Accountability Package, SB 253 and SB 261 focus on companies "doing business" in California, but the effect of these laws will be global.

Source: Holland & Knight

ESG Reporting for Private Companies

September 13, 2023

As we have noted in our previous report, environmental, social and governance (ESG) issues have garnered significant attention from a variety of stakeholders, resulting in increased reporting by many companies. While much of the focus regarding ESG reporting in the U.S. has been on public companies, and indeed there is not yet clear consensus on what “ESG” encompasses, ESG risks and opportunities can affect private companies as well, and there are several reasons why a private company might decide to report ESG data or undertake ESG-related initiatives in a manner similar to a public company.

Director Elections Under the Microscope

October 8, 2023

Proxy season offers shareholders essential vision into how companies are reacting to various risks and opportunities, which often results in issuers being confronted with tough questions from key stakeholders, an issue that has likely become more common, given the current unstable business environment. The first half of 2023 demonstrated that a growing portion of investors are opposing directors on a global scale, and there are a variety of reasons why this is the case.

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