Regulatory Updates

EPA Clean Air Act Rulemaking Announced December 2020

EPA announces Clean Air Act Rulemaking in the final month of the current administration and indicates more could be announced before the new administration comes into office.

2020 TSCA Chemical Data Reporting (CDR)

Earlier this year, EPA revised the CDR rule to reflect the 2016 amendments to TSCA, including changes for foreign-owned businesses and the reporting responsibilities of suppliers and contractors, as well as an exemption for small businesses.

NERC and FERC Take Action on Facilities Ratings

There has been significant work across the electric industry to improve facility ratings related processes, programs, frameworks, internal controls and best practices. Yet this continues to be a challenging area for utilities, particularly from an asset management and regulatory compliance perspective.

New Jersey’s Landmark Environmental Justice Law

EPA Finalizes Reversal of “Once In Always In” Air Pollution Policy

On October 1, 2020, the EPA finalized a ruling that no longer enforces the “once in, always in” air emissions policy.

FERC Issues Annual Report on Critical Infrastructure Protection (CIP) Reliability Audits

In its 2020 Report on CIP Reliability Audits, the Federal Energy Regulatory Commission found that most of the cybersecurity protection processes and procedures adopted by utilities met the mandatory CIP requirements for protecting the Bulk Electric System. However, there are areas for improvement.

EPA Finalizes New Source Review Reform – Clean Air Act Update

Clear Air Act Update on Project Emissions Accounting. Addresses the balance of increase and decreases in emissions for new projects.

NERC Prioritizes Inverter-Based Resources for Future Standards Development

As inverter-based resources found in wind and solar generation technologies continue to rapidly penetrate the U.S. power delivery system, NERC remains focused on managing the potential reliability consequences.

NERC Issues 2020 State of Reliability Report

The Report identifies areas of ongoing concern including generation reserve margins and the reliability risk from shifting the resource mix toward renewables.