The February 10, 2010 Federal Register contains a notice of EPA’s final decision that the Baton Rouge ozone nonattainment area “has attained the 1-hour ozone National Ambient Air Quality Standard (NAAQS).” (The Baton Rouge area consists of the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge.) EPA found that the ambient
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Securities and Exchange Commission Issues Interpretive Guidance for Reporting Risks Due to Climate Change
By Kean Miller
On January 27, 2010, the SEC voted 3-2 to issue an interpretive guidance “on existing SEC disclosure requirements as they apply to business or legal developments relating to the issue of climate change.” Chair Mary Shapiro emphasized that the interpretive release is not intended to create new legal requirements, but is to clarify the requirements…
Louisiana Legislature Prepares the Way for Carbon Sequestration
By Kean Miller
Two days before the end of the 2009 Legislative Session, the Louisiana Legislature adopted the Louisiana Geologic Sequestration of Carbon Dioxide Act. Introduced as HB661, the final amended bill passed both the House and Senate unanimously. There are three major facets to the law: establishment of a comprehensive regulatory program for the control of…
Lilly Ledbetter Fair Pay Act Revives Pay Discrimination Claims
By Kean Miller
On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act amends four federal laws by redefining the events that trigger the charge-filing and limitations periods for cases alleging discrimination in compensation. The most important consequence of the Act is that the time limit for initiating a pay…
D.C. Circuit’s Decision Eliminates the Startup, Shutdown, or Malfunction Exemption
By Kean Miller
On December 19, 2008, the D.C. Circuit Court of Appeals issued a startling ruling vacating the Startup, Shutdown, Malfunction (“SSM”) rules contained within the NESHAP General Provisions, 40 C.F.R. Part 63, Subpart A. Sierra Club v. Environmental Protection Agency (Docket Nos. 02-1135, 03-1219, 06-1215, 07-1201). The Sierra Club asked the court to strike down the…
EPA Adopts Final Rule to Clarify “Reasonable Possibility” Recordkeeping and Reporting Requirements
By Kean Miller
On December 21, 2007, EPA published notice of its adoption of a final rule to “clarify” the recordkeeping and reporting requirements for projects that do not constitute a major modification under the prevention of significant deterioration (“PSD”) and nonattainment new source review (“NNSR”) programs when calculated by the baseline actual emissions to projected actual emissions…
Boiler MACT, Now It’s Gone!
By Kean Miller
In June, we reported that a three judge panel of the District of Columbia Court of Appeal had issued a decision in NRDC v. EPA, Docket 04-1385, to vacate both the Commercial and Industrial Solid Waste Incineration (“CISWI”) Unit Rule and the National Emission Standard for Hazardous Air Pollutants Rule for Industrial, Commercial, and Institutional…
Boiler MACT Rule Vacated, But Not (Yet) Gone!
By Kean Miller
On June 8, 2007, a three judge panel of the District of Columbia Court of Appeal issued a decision in NRDC v. EPA, vacating both the Commercial and Industrial Solid Waste Incineration (“CISWI”) Unit Rule and the National Emission Standard for Hazardous Air Pollutants Rule for Industrial, Commercial, and Institutional Boilers and Process Heaters (the…
Research on Benzene Exposure From Product Use Published
By Erich Rapp
A journal article on the potential for exposure to benzene associated with the use of certain products containing benzene was just published. This article was written by Pamela Williams and others. This researcher was mentioned in an earlier blog entry that I posted concerning trace benzene. This study is not a trace benzene study, but it will…
OIG Issues Advisory Opinion Regarding Hospital Acquisition of Physician-Owned Ambulatory Surgery Center
By Kean Miller
The OIG issued an advisory opinion on June 12, 2007 regarding a hospital’s proposed purchase of a partial ownership interest in a physician-owned Ambulatory Surgical Center (ASC). The message from this advisory opinion appears to be that the purchase of an interest in an existing physician-owned provider, such as an ASC, imaging center or Specialty Hospital,…