February 4, 2012

EPA Rulemaking Hotline

Andrews Kurth LLP

The following matters are before the EPA for public comment closure in the next 30 days:

A Framework for Categorizing the Relative Vulnerability of Threatened and Endangered Species to Climate Change (EPA/600/R-09/011). Comment period closes March 25, 2010. Interested parties should include those whose operations are in or near endangered species areas. Pre-dissemination review and comment. External peer review completed. Four modules included: (1) Baseline vulnerability to extinction or major population reduction (excluding climate change), (2) vulnerability to future climate change (physiological, behavioral, demographic and ecological response), (3) combining above two modules to matrix score vulnerability, and (4) qualitative determination of uncertainty. See 75 F. Reg. 8054 (2/23/2010).

Agency Information Collection Activities: NESHAP for Oil and Natural Gas Production. Comment period closes March 10, 2010. Interested parties should include oil and gas producers. The NESHAP for Oil and Natural Gas Production (40 CFR part 63, subpart HH) were proposed on February 6, 1998 and promulgated on June 17, 1999 for major sources only. Area sources were included in 2005. The final rule was effective January 3, 2007, and applies to existing and new facilities that are both major (10 tpy of any one HAP, or 25 tpy combined HAP annually) and area sources (one with potential to emit less than major source). Information gathering includes initial notifications, startup, shut-down or malfunction events, with retention of five years following collection. This proposal reduces the number of reporting entities, but does not reduce the number of recordkeeping entities. See 75 Fed. Reg. 6201 (2/10/2010).

Draft Toxicological Review of Methanol: In Support of the Summary Information in the Integrated Risk Information System (EPA/635/R-09/013). Comment period closes March 15, 2010. Interested parties should include gasoline retail and marketing, methanol producers. IRIS is the database that contains potential adverse human health effects information that may result from chronic (lifetime) exposure to chemical substances. Carcinogenic effects are considered. This is used in establishing OSHA PELs and environmental ambient and exposure standards. See 75 Fed. Reg. 1618 (1/12/2010).

© 2012 Andrews Kurth LLP

About the Author

Most recently, Paul consulted with the Mongolian national government and various other corporate and individual stakeholders, designing a citizen participation program. At the request of the country’s Secretaries of the Ministries of Environment and Mineral Resources, he has continued to coordinate the first-ever pilot project for Mongolia.

Paul also serves on the American Arbitration Association Panel for environmental, energy and natural resource matters.

He has substantial jury and bench trial experience in federal and state courts involving groundwater and surface...

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Contributors

Lisa's practice focuses on environmental, health and safety counseling, compliance and liability. She has extensive experience analyzing environmental, health and safety issues associated with corporate and securities matters as well as transactions involving contaminated properties including Brownfield redevelopment. Lisa has experience in a wide spectrum of associated matters including negotiation of environmental insurance policies, indemnity provisions and access agreements as well as SEC disclosure issues for a wide range of industries. She has worked with industry associations and...

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