New Federal Register Notices (May 30, 2018)


The following notices were published yesterday:

1.  The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of energy infrastructure in the face of emergencies. EEI asked that FERC reconsider the rules it promulgated in November 2016 or at least clarify certain provisions with respect to Critical Energy/Electric Infrastructure Information (CEII). A clarification has been issued, effective July 30, 2018. (83 F.R. 24656)

2.  The Environmental Protection Agency (EPA) has issued a Final Rule, effective May 30, 2018, revising its solid waste definitions as directed by the District of Columbia Circuit Court of Appeals in American Petroleum Institute v. EPA, and as modified in March 2018 by the Court of Appeals. In 2015, EPA issued revisions to its 2008 revisions to the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901–6992k  (RCRA),waste recycling rules, which were themselves challenged in the API case. EPA has now removed the 2015 Verified Recycler Exclusion and reinstated the 2008 Transfer-Based Exclusion, with modifications, and removed the 2015 Factor Four in the rule defining “Legitimate Recycling”. In addition, the 2008 Factor Four was reinstated. This final rule was promulgated without APA notice and comment because EPA concluded this action was simply a “ministerial task” of implementing court orders. (83 F.R. 24664)

3.  EPA has published a Notice of Proposed Rulemaking requesting comments on its proposals to modify and change the January 2017 Risk Management rules addressing the chemical accident prevention requirements embodied in Section 112r of the Clean Air Act. The rules are located at 40 C.F.R. Part 68. This is a very controversial matter, and there will be a public hearing convened in Washington on June 14, 2018. Comments are due on July 30, 2018. (83 F.R. 24850)