SEPTEMBER  27, 2019
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On September 19, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”)[1] proposing significant changes to FERC’s regulations governing qualifying facilities (“QFs”)[2] pursuant to the Public Utility Regulatory Policies Act of 1978, as amended (“PURPA”).[3]  If implemented as proposed, the changes would significantly scale back some of the benefits afforded to many QFs, particularly small QFs.  More on FERC Reforms to QF Regulations Here >
The U.S. Environmental Protection Agency (EPA) announced on September 20, 2019, that it will extend the public comment period for its proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT).  84 Fed. Reg. 36728.  EPA identified five chemicals pursuant to Section 6(h) of the Toxic Substances Control Act (TSCA):  decabromodiphenyl ether (DecaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); hexachlorobutadiene (HCBD); and pentachlorothiophenol (PCTP).  More on EPA Comment Period for TSCA PBT Rule Here >
On September 12, 2019, the Trump administration repealed the 2015 Obama-era “waters of the U.S.” (WOTUS) rule. The 2015 rule sought to broadly define “waters of the U.S.” and would have expanded the reach of the Clean Water Act and the Act’s permitting requirements. The 2015 rule was mired in legal challenges from the start, resulting in a legal patchwork where the rule was in effect in only 22 states.  More on the WOTUS Rule Repeal Here >
The transactive energy grid is slowly changing in the United States as electrical generation and transmission move from the traditional hub-and-spoke model to a distributed energy system. Blockchain technology has the potential to facilitate the integration of distributed grid systems, which require ways to settle transactions and connect each of the various energy sources. As these systems scale, blockchains can securely settle these transactions and link the disparate sources in one central system. The current method of regulation in many places is not structured to incentivize incorporation of new technology quickly.  More on Blockchain in Energy Here >
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