On August 13, EPA finalized Clean Water Act (Act) Section 304(a) recommended criteria for phosphorus and nitrogen in lakes and reservoirs. The new recommendations incorporate scientific models that states and tribes with treatment as state status can use to establish numeric water quality criteria for phosphorus and nitrogen, and they mark an important milestone
California Proposes Public Health Goals for PFOA and PFOS
On July 22, 2021 the California Office of Environmental Health Hazard Assessment (“OEHHA”) released a Draft Technical Support Document proposing a public health goal (“PHG”) of 0.007 parts per trillion (ppt) for PFOA and 1 ppt for PFOS. OEHHA also proposed noncancer health-protective concentrations of 3 ppt for PFOA and 2 ppt for PFOS. The…
Environment and Energy Get a Front Seat in the 2021 Infrastructure Act
Upon passing the $1.2 trillion Infrastructure Investment and Jobs Act (H.R. 3684) last week, the Senate provided significant funding towards development of the nation’s environmental and energy infrastructure. The Infrastructure Act also streamlines environmental review, permitting, and approval of federal infrastructure projects.
The Infrastructure Act includes funding for:
- Reinstatement of the Superfund Tax: The Superfund
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Hydrogen in The UK
In December 2020, the UK PM set out an ambitious 10 Point Plan for a green industrial revolution, one of the key points of which was the production of 5 GW of low carbon hydrogen in the UK by 2030. The Plan envisaged hydrogen playing a key role in decarbonising energy-intensive industries and heavy transport and replacing natural gas in domestic heating.
On 17 August the UK Government published its Hydrogen Strategy (together with a number of associated Consultations), which lays the foundations for the UK’s future hydrogen economy and sets out how the UK Government will support innovation and stimulate investment in low carbon hydrogen to meet its 5GW target.
European Commission Proposes a Carbon Border Adjustment Mechanism (CBAM) for Iron, Steel, Cement, Fertilisers, Aluminium and Electricity (4 in 4-Part Series)
Another much-anticipated and likely controversial proposed regulation would establish a CBAM for certain imports. The Commission presented it as a measure to ensure that ambitious climate action in Europe does not lead to “carbon leakage” by pushing carbon-intensive production out of the single European market but contribute to a global emissions decline by encouraging the international partners of the EU and their industries to take steps in the same direction.
D.C. Circuit Requires Further Consideration of Social Cost of Carbon in NEPA Analysis
By John Mizerak
The D.C. Circuit issued a decision in Vecinos para el Bienestar de la Comunidad Costera v. FERC, which faulted FERC for failing to consider whether the social cost of carbon (SCC) is a “generally accepted” analytical tool for assessing the significance of greenhouse gas impacts under NEPA. The decision is likely to result in…
EPA Issues An Enforcement Alert to Metal Recycling Facilities to Address VOC Emissions
By Ann Zwick
EPA recently issued an Enforcement Alert to owners and operators of metal recycling facilities about high levels of VOC emissions that have been identified at a number of large shredders. The issue of VOC emissions from metal shredders has not previously been well known or understood. EPA is now publicly acknowledging the issue and, finally,…
Reclamation Declares Tier 1 Shortage on Colorado River for 2022
By Chris Colyer
by Fred Breedlove
The U.S. Bureau of Reclamation (“Reclamation”) published its August 2021 24-Month Study on Monday, effectively declaring a shortage on the Colorado River for the Lower Colorado River Basin. The August study predicts that the elevation of Lake Mead at Hoover Dam will continue to be below 1,075 feet (the level that triggers…
European Commission Proposes a Revision of the Renewable Energy Directive (3 in 4-Part Series)
As another key component of the Fit for 55 package, the Commission made a proposal to amend Directive 2018/2001 on the promotion of the use of energy from renewable sources (RED II) and related legal acts.
The revision would increase the overall binding target for renewable energy in the EU energy mix from the current 32% to 40%, complemented by indicative national contributions of Member States to reach the collective EU target. The Commission proposes specific targets for renewable energy use in certain sectors by 2030:
European Commission Proposes “Most Crucial Change to the EU Emission Trading System So Far” (2 in 4-Part Series)
As part of the Fit for 55 package, the Commission presented a proposal to revise Directive 2003/87 establishing a system for GHG emission allowance trading within the EU, as well as related legal acts.
According to the Commission’s Explanatory Memorandum, ensuring continued effective protection for the sectors exposed to a significant risk of carbon leakage while incentivising the uptake of low-carbon technologies will remain a specific objective of the EU ETS. Other objectives included addressing the distributional and social effects of this transition, by reviewing the use of auctioning revenues and the size and functioning of the low-carbon funding mechanisms.