EPA Issues Final Report re: Development of Domestic Energy Resources

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In compliance with the March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth (EO 13783), the Environmental Protection Agency (EPA) has released its Final Report on Review of Agency Actions that Potentially Burden the Safe, Efficient Development of Domestic Energy Resources Under Executive Order 13783. EPA describes its efforts to reform the New Source Review (NSR) review process, the National Ambient Air Quality Standards (NAAQS)process and how it plans to assess the economic consequences of actions taken under the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund).and the Toxic Substances Control Act (TSCA).

The Appendix lists the specific rules that have been identified and it includes

  • EPA’s final rule, “Clean Water Rule: Definition of ‘Waters of the United States’” (WOTUS), the Clean Power Plan and related rules, including
    • EPA’s final rule, “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units” (Clean Power Plan or CPP),
    • EPA’s final rule, “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units,” and
    • EPA’s proposed rule, “Federal Plan  Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; Proposed Rule”,
  • EPA’s final rule, “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” and
  • EPA’s final rule, “Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities; Final Rule”

with useful citations to the rules and the rulemakings.