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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.

On October 12, 2011, EPA issued a notice of data availability (“NODA”) seeking comment on information obtained by EPA in connection with their proposed rule: Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (“2010 Proposed Rule”).

On October 6, 2011, the EPA proposed what it is referring to as “technical adjustments” to the final Cross-State Air Pollution Rule (“CSAPR”).  According to the EPA, the adjustments are needed to correct errors made in certain unit specific modeling assumptions and to smooth the transition from the Clean Air Interstate Rule (“CAIR”) to CSAPR.  A summary of the proposed adjustments is as follows:

The House of Representatives on Friday passed H.R. 2401, the Transparency in Regulatory Analysis of Impacts on the Nation Act (“TRAIN Act”).  The Act establishes an interagency federal panel to assess the cumulative impact of various EPA regulations and requires that the panel issue its report by next August.  The bill prevents EPA from proceeding with its recently promulgated Cross-State Air Pollution Rule (“CSAPR”) and finalizing its proposed Mercury and Air Toxics Standards (“MATS”) rule.

On September 19, 2011, Senator Lisa Murkowski (R-AK) wrote a letter to Federal Regulatory Commission (“FERC” or the “Commission”) Chairman Jon Wellinghoff requesting that he clarify the Commission’s plans to address threats to the nation’s bulk power system as a result of the pending Environmental Protection Agency (“EPA”) regulations.  Senator Murkowski’s September 19th letter builds upon the issues identified in her May 17, 2011 letter, and addresses the August 1, 2011 response of Chairman Wellinghoff.

On September 14, 2011, the House of Representatives Committee on Energy and Commerce Subcommittee on Energy and Power held a hearing to explore the impact of current and pending EPA utility regulations on electric system reliability.  In a somewhat unusual event, all five members of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) testified before the subcommittee about FERC’s role in studying the reliability impact of EPA regulations.

Citing a goal of “reducing regulatory burdens and regulatory uncertainty,” the Obama Administration on September 2 instructed the U.S. Environmental Protection Agency (“EPA”) to withdraw its proposal to strengthen national ambient air quality standards for ozone.  The surprise move was the first time President Obama explicitly and completely rejected an EPA regulation, creating a firestorm of criticism from environmentalists and key Democrats and praise from industry groups and Republicans.

To the dismay of environmental groups, the U.S. Environmental Protection Agency (“EPA”) on July 13 declined to adopt a long-anticipated new method of setting a combined secondary national ambient air quality standard (“NAAQS”) for nitrogen oxides (“NOx”) and sulfur oxides (“SOx”) recommended by EPA’s Clean Air Scientific Advisory Committee (“CASAC”) and instead proposed a five-year study pilot research effort on the issue.