Inflation Reduction Act
PHMSA Releases Civil Penalty Policy Framework, Sets its Sight on Higher Penalties “Across the Board”
This week, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released a General Policy Statement announcing its intent to make available to the public a Civil Penalty Policy Framework. Previously only available by request, the civil penalty framework provides insight...
PHMSA Implements New Emergency Safety Authority Effective Immediately
On October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an Interim Final Rule (IFR) establishing when and how it will issue Emergency Orders to address imminent safety hazards across the oil and gas pipeline industry. See...
PHMSA Implements New Emergency Safety Authority Effective Immediately
On October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an Interim Final Rule (IFR) establishing when and how it will issue Emergency Orders to address imminent safety hazards across the oil and gas pipeline industry. See...
EPA Advances Climate Goals by Expanding Refrigerant Regulations
On September 26, 2016, EPA released a Final Rule updating the Agency’s Refrigerant Management Program. See Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements under the Clean Air Act: Final Rule . The Final Rule is scheduled to...
EPA Proposes Revisions to Public Petition Process for Title V Permits
On August 24, 2016, the U.S. Environmental Protection Agency (EPA) published proposed revisions to the federal Title V operating permit rules, which govern pollutants at major sources under the Clean Air Act. The proposed revisions aim to streamline and clarify...
U.S. Fish and Wildlife Service Proposes to List Texas Hornshell Mussel as Endangered
On August 10, 2016, the U.S. Fish and Wildlife Service (Service) will publish its proposal to list the Texas hornshell, a freshwater mussel species from New Mexico and Texas, as an endangered species under the Endangered Species Act (ESA). The...
Wyoming Federal Judge Sides With States and Industry, Strikes Down BLM Hydraulic Fracturing Rule
On June 21, 2016, the U.S. District Court for the District of Wyoming struck down the U.S. Bureau of Land Management’s (BLM’s) hydraulic fracturing regulations, finding that BLM “lacked Congressional authority to promulgate the regulations.” This decision is a win...
Texas Adopts EPA's Definition of Solid Waste Rule and E-Manifest Requirements
On June 10, 2016, the Texas Commission on Environmental Quality (“TCEQ”) adopted amendments to its statewide hazardous waste rules to incorporate changes made by the U.S. Environmental Protection Agency (“EPA”) to the federal hazardous waste program under the Resource Conservation...
DOT Site Security Plans – Potential Application to Pipelines as Offerors
The Department of Transportation (“DOT”) requires “offerors” of hazardous materials to develop and adhere to a site-specific security plan that evaluates transportation security risks and appropriate measures to address those risks. For the midstream sector, questions often arise as to...
Significant New Safety Requirements Proposed For Natural Gas Pipelines
On March 17, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a major proposal to revise the safety standards for onshore natural gas pipelines. The proposed rule follows years of study as well as specific...
EPA Proposes Broad Expansion of Risk Management Program Regulations
On February 25, 2016, EPA released a pre-publication version of its much anticipated amendments to the agency's Risk Management Program (RMP) regulations. The proposal, which follows EPA's 2014 Request for Information, would impose significant changes to existing prevention program, emergency...
OSHA Announces National "Step-Up for Safety" Campaign for Upstream Industry
On February 19, 2016, OSHA announced the 2016 Step-Up for Safety Campaign to raise awareness about hazards in the oil and gas industry. The campaign is a joint effort among OSHA, the STEPS Network, and NIOSH. Oil and gas drilling...
U.S. Department of Justice Expands Worker Endangerment Initiative
On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to pursue worker-endangerment violations. The announcement culminated...
Obama Administration Adopts Wide-Ranging Natural Resource Mitigation Requirements
Earlier today, the Obama Administration adopted an expansive set of mitigation requirements for all its natural resource management agencies. Under the voluntary policy, the Department of Defense, Department of the Interior, Department of Agriculture, Environmental Protection Agency, and National Oceanic...
Monthly Futures Exchange Issuance Report: August 2015
August's Highlight This past month, the NYMEX Business Conduct Committee ("Panel") entered into a settlement with an entity to resolve alleged violations of Exchange Rule 526- Block Trades and two Market Regulation Advisory Notices, RA1326-4 and RA-1327-4, related to pre-hedging...