WASHINGTON ALERT
Stephanie Salmon, AFS Washington Office; Jeff Hannapel & Christian Richter, The Policy Group, Washington, D.C.
House Approves Bill to Delay and Modify Ozone Rules
THE OZONE STANDARDS IMPLEMENTATION ACT (H.R. 4775) ADJUSTS THE IMPLEMENTATION TIMELINES FOR THE NEW OZONE STANDARD UNTIL 2026.
In June, the U.S House of Represen-
tatives approved a bill that would delay implementation of the U.S. Environ- mental Protection Agency’s (EPA) 2015 ozone rule. Te measure, the Ozone Standards Implementation Act (H.R. 4775), adjusts the implementation timelines for the new ozone standard until 2026. It also extends the statutory review cycle for all of the National Ambient Air Quality Standards from five years to 10 years and requires EPA’s Clean Air Science Advisory Com- mittee to provide information on the “ad- verse” effects on the economy of the new standards. Te bill would help prevent certain areas from falling into “nonattain- ment,” a designation that could curtail manufacturing production and expansion. Te EPA in October 2015 tightened
ON THE HILL
Major Toxic Chemical Rules Reform Signed Into Law
President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576) on Wednesday, June 22. The measure, passed in both the House and Senate with overwhelming bipartisan support, will fundamentally revise the Toxic Sub- stances Control Act (TSCA), the nation’s primary chemicals law. Under the new law, the U.S. Environ- mental Protection Agency (EPA) will be required to evaluate new and existing chemicals against a new risk-based standard. It will establish deadlines for the review of prioritized chemicals and action on identified risks and increase the public transparency of chemical information. Industry groups had sought a single, federal standard to eliminate the complexity of dealing with various state regulations that have been popping up across the nation. The bill has been decades in the making and the result
16 | MODERN CASTING July 2016
of years of intensive negotiations in both chambers. EPA’s announcement of the legislation and some of its immediate implications can be found here:
https://www.epa.gov/ assessing-and-managing-chemicals-under- tsca/frank-r-lautenberg-chemical-safety- 21st-century-act
U.S. Supreme Court Allows Review of Clean Water Act Jurisdictional Determination in Victory for Industry
The U.S. Supreme Court recently issued a unanimous ruling that an approved juris- dictional determination by the U.S. Army Corps under the Clean Water Act was a final agency action subject to judicial review. The Court’s decision makes it easier for landown- ers and businesses to achieve regulatory certainty and allows them to challenge adverse affirmative jurisdictional determina- tions without having to undergo an “arduous, expensive, and long” permitting process. When a property owner is interested in developing or expanding a site, it is typically
necessary to determine whether any wet- lands, streams, or other waters will be impacted by the project and, if so, what permits are required. Under federal law, the Clean Water Act regulates “waters of the United States,” and Section 404 of the Act requires a permit for “the discharge of dredged or fill material into [such] wa- ters.” Given the uncertainty surrounding the meaning of waters of the U.S., parties often request an approved jurisdictional determination from the Army Corps. An approved jurisdictional determination represents the Corps’ final decision about whether the water at issue is subject to federal jurisdiction, and the decision lasts for five years. In 2015, EPA and the Army Corps is- sued its Clean Water Rule further defining Waters of the U.S. The rule was appealed by a range of industry groups and has been stayed by the 6th Circuit.
For additional information, contact Stepha- nie Salmon, AFS Washington Off ice,
202/842-4864,
ssalmon@afsinc.org.
the surface-level ozone from 75 parts per billion to 70 parts per billion. Some regions will have to reduce ozone to an amount below even background levels.
AFS has joined the litigation challenging the regulation in federal court. A companion bill is pending in the
U.S. Senate.
The House of Representatives has approved a bill to delay and modify ozone rules.
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