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On October 24, 2011, the Environmental Protection Agency (“EPA”) filed with the U.S. District Court for the District of Columbia for a 30-day extension to complete the final emissions standards for the Maximum Achievable Control Technology (“MACT”) rule. Currently the EPA is operating under a 2009 consent decree with a November 16, 2011 deadline to issue a final rulemaking on standards for hazardous air pollutants from EGUs (see October 17, 2011 edition of the WER).

On October 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied the bulk of the rehearing requests pertaining to the Midwest Independent Transmission System Operator, Inc.’s (“MISO”) cost allocation methodology for new transmission multi value projects (“MVP”), and the Commission denied all rehearing requests on the Southwest Power Pool, Inc.’s (“SPP”) Highway/Byway cost allocation plan.

On October 20, 2011, the Environmental Protection Agency (“EPA”) announced a schedule to develop standards for wastewater discharges that are produced during natural gas extraction from underground coalbed and shale formations.  EPA will begin to develop a proposed set of national standards while working with stakeholders.  EPA’s announcement is part of its “Effluent Guidelines Program” which sets national standards for industrial wastewater discharges using best available technologies which are economically achievable.

On October 18, 2011, SolarWorld Industries America Inc. (“SolarWorld”) filed a petition with the International Trade Commission (“ITC”) and the Department of Commerce (“Commerce”) alleging that crystalline silicon solar cells and panels imported from China are being sold at an unfair value in the U.S.  This practice is referred to as “dumping.”  The petition also alleges that imports from China are benefitting from unlawful government subsidies.

On October 13 and 14, 2011, the National Mining Association (“NMA”), twenty-five states and Guam, and other public interest groups submitted amicus briefs to the United States District Court for the District of Columbia, in support of Utility Air Regulatory Group’s (“UARG”) motion for a one year extension of the Environmental Protection Agency’s (“EPA”) deadline for promulgating a rule establishing Maximum Achievable Control Technology (“MACT”) standards for electric generating units (“EGUs”), which EPA is calling its Mercury and Air Toxics Standards rule (“MATS”). 

On October 14, 2011, EPA’s proposed “technical adjustments” to the Cross-State Air Pollution Rule (“CSAPR”) was published in the Federal Register starting the 30-day clock for submitting comments.  Specifically, all comments to the proposed rule must be received by EPA on or before November 14, 2011 unless a public hearing is requested in which event comments must be received by November 28, 2011.