ENVIRONMENTAL
Complying with California Climate Disclosure Legislation
October 28, 2024
It’s time for companies to begin addressing California climate disclosure legislation in earnest. Now that the legislative term is over and California Governor Newsom has acted on the amendment bill that was before him, there is more clarity (albeit still some uncertainty) on what is required and when. In this post, we provide twelve thoughts on compliance with California’s climate disclosure legislation.
Removal of Affirmative Defense Provisions from NESHAP for the Oil and Gas Industry
October 23, 2024
EPA is finalizing the removal of the affirmative defense provisions from the NESHAP for both the Oil and Natural Gas Production source category (40 CFR 63, Subpart HH) and the Natural Gas Transmission and Storage source category (40 CFR 63, Subpart HHH) to make them consistent with a 2014 decision from the U.S Court of Appeals for the D.C. Circuit, which vacated the affirmative defense in a CAA rule.
Source: OSHA
SEC’s Action on Recyclability Statements Shows Continued Focus on ESG Related Claims
October 21, 2024
Notwithstanding recent reports that the Securities and Exchange Commission (“SEC”) has quietly disbanded its Climate and ESG Task Force, and while the SEC’s new climate-related disclosure rules remain stayed, the SEC’s focus on ESG-related issues has not wavered. The SEC continues to scrutinize sustainability-related claims as demonstrated by a recent enforcement action targeting incomplete disclosures regarding recyclability. Accordingly, public companies should continue to exercise care when preparing ESG-related disclosures.
EPA to Cruise Ships, Cargo Ships, Barges, Tankers, Tugs and Tows: Take Notice
October 18, 2024
The U.S. Environmental Protection Agency (EPA) recently issued the Vessel Incident Discharge (VID) final rule to establish federal standards for marine pollution control devices for discharges incidental to the normal operation of non-armed forces and nonrecreational vessels 79 feet in length and above.
Though the final rule becomes effective Nov. 8, 2024, the EPA Secretary must set the standards of performance under the Clean Water Act before they are enforceable. The U.S. Coast Guard will enforce rule requirements through inspections and monitoring.
Source: Holland & Knight
Navigating the Emissions Landscape: Uneven Paths to Decarbonization
October 17, 2024
Greenhouse gas emissions and corporate efforts to reduce them have become central to the climate change discussion in recent years. As corporate disclosures on climate and emissions gain prominence, including through regulatory mandates, the focus is now shifting towards tangible actions and measurable outcomes in climate mitigation and decarbonization. While climate adaptation remains a critical part of the equation, GHG emissions reduction targets have emerged as a key tool for addressing climate challenges.
Revisions to NSPS for Volatile Organic Liquid Storage Vessels
October 16, 2024
EPA is finalizing a new NSPS subpart for volatile organic liquid (VOL) storage vessels (40 CFR 60, Subpart Kc) that commence construction, reconstruction, or modification after October 4, 2023. This final rule would establish capacity and vapor pressure thresholds; modification provisions; degassing controls; and testing, monitoring, and inspection requirements. Additionally, EPA is amending the existing NSPS Subpart for VOL storage vessels (40 CFR 60, Subpart Kb) to add electronic reporting requirements.
Source: OSHA
Stationary Fire Pump Engine Emission Standards
October 14, 2024
Effective August 30, 2024, EPA’s latest CAA rule for internal combustion engines (ICE) makes three small but important changes. [89 FR 70505] First, for Part 60, Subpart IIII, Table 4 documenting the emissions standards for stationary fire pump engines was revised to indicate the carbon monoxide standard applies to all applicable engines. Second, for Part 63, Subpart ZZZZ, “annually” was redefined to state “within 1 year + 30 days” of the previous change/inspection for oil changes and equipment inspections. Finally, for Part 60, Subparts IIII and JJJJ, and Part 63, Subpart ZZZZ, initial notifications of compliance, notifications of compliance status, and annual/semiannual compliance reports must be submitted electronically via the Compliance and Emissions Data Reporting Interface accessible via EPA’s Central Data Exchange.
Source: OSHA
Updates to the Use of Ozone-Depleting Substances as Process Agents
October 11, 2024
EPA is establishing reporting and recordkeeping requirements for uses of ozone-depleting substances as process agents. Additionally, this final rule establishes a methodology to calculate emissions and finalizes definitions associated with the emissions reporting requirements.
Source: OSHA
RCRA E-Manifest Tutorials for Generators, Transporters, TSDFs
October 4, 2024
US EPA's e-Manifest team created a series of system demonstrations for generators, transporters, and receiving facility (e.g., TSDF) employees. Quickly find videos applicable to your needs here.
Source: Lion
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PHMSA Proposes Amendments to the Hazardous Materials Regulations
October 29, 2024
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to amend requirements for the transportation of hazardous materials that are specific to certain modes of transportation. The proposed amendments include requirements for rail tank car use and service equipment design approval, highway cargo tank specifications and requalification, and marking cargo tank motor vehicles that contain multiple petroleum distillate fuels.
Source: OSHA
Lithium Battery 30% State of Charge Recommendations for 2025
October 21, 2024
The 2025 Edition of the IATA Dangerous Goods Regulations (DGR) includes new recommendations related to lithium ion batteries in air transportation.
IATA recommends that, starting January 1, 2025, shippers of lithium-ion batteries packed in or with equipment (UN 3481), or in vehicles (UN 3556), abide by a limit on state-of-charge in air transportation. In 2026, some of the recommendations will become mandatory requirements.
A 30% state-of-charge limit already applies to lithium batteries shipped alone by air (UN 3480).
Source: Lion
Electronic Signatures, Forms, and Storage for Drug and Alcohol Testing Records October 16, 2024
DOT is proposing to amend its workplace drug and alcohol testing regulations to permit the use of electronic signatures, forms, and records for employers and their contractors as an alternative to the current paper-based methods. Additionally, DOT is proposing to revise the PHMSA drug and alcohol testing regulations to establish conformity with the DOT's recordkeeping and retention requirements and proposed electronic documentation provisions.
Source: EPA
GOVERNANCE
Sustainability and ESG: Where Are We Now?
October 6, 2024
As we near the final quarter of 2024, in a year with global temperatures looking to break new records (again), achievement of various 2025 or 2030 targets set by companies (such as progress against objectives to advance the UN Sustainable Development Goals, which had an initial deadline of 2030, or interim Paris Agreement emissions reductions targets) looking less likely by the day, and a host of seismic political elections around the world inevitably shifting the global sustainability path, this summarizes key developments in legal sustainability matters impacting U.S. and multinational corporations, financial institutions and private equity sponsors.
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