Environmental Protection Agency

On August 9, 2019, the EPA plans to publish a proposed rule to codify the current interpretation of New Source Review (NSR) Project Emissions Accounting. The rule would explicitly allow consideration of emissions decreases from a project, alongside any emissions increases, when determining whether the project causes a significant emissions increase from the source. Historically, many state regulators, and even certain EPA applicability determinations, have suggested that only emissions increases (and not decreases) should be considered. Considering emissions decreases in this analysis allows more projects to avoid triggering NSR.

Continue Reading Emission Decreases Count: EPA Proposes Rule to Codify Approach to NSR Project Emissions Accounting

FERC is seeking comments on a proposed Policy Statement regarding Cost Recovery Mechanisms for Modernization of Natural Gas Facilities.  The proposed Policy Statement, issued on November 20, 2014 in Docket No. PL15-1, notes that interstate pipelines are likely to incur costs associated with modernizing their facilities pursuant to obligations imposed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and with complying with greenhouse gas emission requirements imposed by the Environmental Protection Agency (EPA).  FERC is proposing a means to permit pipelines to recover these costs in a manner that will continue to ensure that pipeline rates remain just and reasonable and that natural gas consumers are protected from excessive costs.
Continue Reading FERC Issues Proposed Policy Statement Regarding Cost Recovery For Pipeline Modernization