Inside EPA Sign Up Information

Environmentalists Issue Legal Warning In Bid To Extend CCR Deadlines

Environmentalists are stepping up calls for EPA to extend comment deadlines for major deregulatory plans during the COVID-19 pandemic, arguing in the case of its coal ash rule that failing to act risks violating constitutional Due Process rights and statutory requirements. FULL STORY

Judge Grants Exxon Motion To Stay CLF's Novel CWA Climate Change Case

In a potential setback for environmentalists, a federal district court judge has put on hold their novel litigation challenging the lack of climate change considerations in a Clean Water Act (CWA) discharge permit for an ExxonMobil oil terminal, finding it is appropriate to wait until EPA finalizes a renewed permit for the facility next year. FULL STORY

Oil Sector Seeks EPA Waivers During Pandemic, Alarming Environmentalists

The American Petroleum Institute (API) and other industry groups are pressing EPA and other agencies for a slew of regulatory exemptions to ease the impact of the ongoing economic crisis caused by the coronavirus pandemic, prompting alarm from environmentalists who warn the move is intended to serve as a pretext for further deregulation. FULL STORY

California Says Water Rule Compliance 'Essential'; Waste Haulers Seek Help

Despite a statewide shelter-in-place order, California officials are declining to issue blanket water quality regulatory waivers to regulated entities during the COVID-19 emergency, saying they must continue to comply with all state and regional rules or notify relevant boards if they are unable to. FULL STORY

TRIAL REMINDER

Thanks for trying Inside EPA. Your trial subscription will be active until April 17, 2020.

EPW converts hearing on HFC bill to 'information' process

The Senate environment committee previously scheduled a hearing on the HFC bill after a Senate floor clash on whether to it the bipartisan bill to a broader energy policy package. FULL STORY

Ewire: Stimulus deal gets nearer, but climate questions remain

In today's Ewire: Top lawmakers and White House officials say they are close to a deal on a $2 trillion stimulus package to respond to the coronavirus pandemic, but the fate of key climate measures is unresolved. FULL STORY

EPA seeks to dismiss landowners' challenge to WOTUS repeal rule

The agency argues the two New York landowners lack standing to bring the suit because they have not identified an actual injury from the repeal of the Obama-era Clean Water Act rule. FULL STORY

Rejecting EPA Remedy, Federal Judge Vacates EPA's Science Advisor Policy

A federal judge has vacated and remanded the key portion of the Trump EPA's 2017 policy barring scientists receiving agency research grants from serving on its advisory panels, likely forcing the agency to drop the use of the controversial limitation as it works to fill upcoming vacancies on at least two key advisory panels. FULL STORY

Environmentalists Push To Tighten EPA Rules As BP Spill Anniversary Nears

As the 10th anniversary of the massive BP oil spill approaches, environmentalists are stepping up their efforts to get EPA to strengthen its spill response rules, calling on advocacy groups to join a new national campaign to press for regulation of chemical dispersants as it continues litigation against the agency to force action. FULL STORY

Environmentalists Query EPA's Use Of Ruling To Justify Science Rule Power

Environmentalists are questioning EPA's citation of a Supreme Court ruling issued decades ago to justify the use of an obscure federal housekeeping statute as the basis for its controversial plan limiting the use of science in policy decisions, arguing that even if it could use the law, the agency is going well beyond what the high court and Congress allowed. FULL STORY

EPA Waste Office Floats Plan To Bolster Lagging Participation In E-Manifest

EPA's waste office is seeking advice from an advisory committee on a plan to bolster lagging participation in its national hazardous waste electronic manifest (e-Manifest) system by increasing participants' ability to use electronic signatures. FULL STORY

EPA Seeks Documents For Virus Enforcement Policy But Lacks Detail

EPA's civil enforcement chief says facilities hoping to take advantage of the agency's "enforcement discretion" policy during the COVID-19 pandemic will need documentation that any violation was linked to the public-health emergency, but the required records will depend on the specific facility and incident. FULL STORY

EPA poised to finalize rollback of power plant MATS

The agency's imminent final rule will rescind the cost-benefit finding underpinning the Obama-era utility air toxics policy, and the rollback is likely to face legal challenges from environmentalists. FULL STORY

Quote-Unquote: What they're saying about . . .

. . . pandemic impacts and science in the EPA equation. FULL STORY

Democratic senators warn EPA PM decision exacerbates COVID-19 risks

The agency is rejecting Democratic senators' accusations that it is loosening air regulations, or failing to tighten them, during the coronavirus pandemic that is worsening lung health. FULL STORY

Critics file suit over DOE efficiency program rollback

The Energy Department's January rule creates an energy savings threshold that new efficiency standards must meet, though state and environmentalist critics argue the target is "unreasonably high." FULL STORY

Ewire: Former Inslee staff promotes climate plan to Democrats

In today's Ewire: Former staffers for Washington Gov. Jay Inslee (D) are pitching his detailed climate policy plans to "Democrats' top brass," one report says, including presumptive presidential nominee Joe Biden. FULL STORY

Auto rollback sees benefits from vehicles not regulated by rule

A lengthy critique notes that the final rollback itself acknowledges the policy will "kill jobs," and that the administration also finds it could impose $22 billion in net costs to society. FULL STORY

DOE, Scientists Create Method For Designing 'Climate-Resilient' Energy

The Department of Energy's Lawrence Berkeley National Laboratory (LBNL) and a global team of scientists have developed a new methodology for designing "climate-resilient" energy systems, amid uncertainty about how climate change might affect power supplies. FULL STORY

EU backing of insect protein could limit agriculture's pollution footprint

The European Union's impending vote to approve insect-based foods as safe for human consumption could boost market prospects in the United States and elsewhere for a sector that proponents say is necessary to reduce the environmental impacts of food production like energy use, water consumption and greenhouse gas emissions. FULL STORY

EPA Continues Push To Curb Telework For Some, After Pandemic

In what some agency sources call awkward timing, EPA is continuing its prior push toward less-flexible telework policies for some staff even as the coronavirus pandemic has spurred emergency unscheduled telework across the agency amid talk of unprecedented, months-long disruptions. FULL STORY

Water Utilities Seek Financial Assistance In Coronavirus Stimulus Package

Municipally owned drinking water and wastewater utilities are urging senators to provide financial assistance for their sector in upcoming economic stimulus legislation to offset the effects of the novel coronavirus, citing concerns about expected revenue losses and new sick- and family medical-leave requirements. FULL STORY

New York Says EPA Sets 'Impossibly' High Bar For Interstate Air Petitions

New York, backed by environmental groups, is telling a federal appeals court that EPA has set an "impossibly high barrier" for states to meet in order to successfully petition the agency to regulate interstate air emissions sources, because the agency's policy in effect requires the unlikely ability of states to develop regional ozone reduction plans. FULL STORY

State AGs Defend EPA Enforcement, Oppose OMB Civil Action Change

State attorneys general (AGs) and employment lawyers are opposing the White House Office of Management & Budget's (OMB) call for input on potentially tightening due process protections in civil enforcement actions at EPA and elsewhere, arguing that there is no rational or legal basis for any such reforms. FULL STORY

Industries Seek Wide Application Of EPA International Air Emission Waiver

Manufacturing, oil and other industry groups are asking EPA to broadly apply its draft regulatory waiver for international air pollution and include naturally occurring emissions for the first time, seeking an expansive approach for allowing states to claim attainment with federal air standards by discounting air pollution from overseas. FULL STORY

Environmentalists Ask EPA To Narrow Global Air Pollution NAAQS Waiver

Sierra Club, Environmental Defense Fund (EDF) and other major environmental groups are asking EPA to narrow the application of its draft guidance that will allow states to demonstrate they would have attained national ambient air quality standards (NAAQS) but for air pollution emanating from overseas sources they cannot regulate. FULL STORY

Industry Heightens Legal, Political Push To Pare Portland Harbor Remedy

Industry parties are stepping up pressure on EPA to pare back the cleanup remedy at the massive Portland Harbor Superfund site, filing a formal petition, warning of a potential suit and arguing that the agency's deregulatory gains mean little if it requires businesses at the site to pay more than $1 billion over what they believe is needed. FULL STORY

TRIAL REMINDER

Thanks for trying Inside EPA. Your trial subscription will be active until April 17, 2020.

In case you missed it: News of the week

Our must-read stories this week include EPA facing calls to extend rule and consent decree deadlines due to the pandemic, the latest on the Trump administration's vehicle greenhouse gas rule rollback, and more. FULL STORY

EPA seeks new TSCA advisors

"Currently, there are 19 SACC members, all with membership terms that will expire over the next year," EPA says. FULL STORY

ACE plaintiffs ask court to delay briefing due to virus

Challengers to EPA's Affordable Clean Energy utility climate rule are seeking an additional three weeks to file their opening brief in the litigation, due to the widespread fallout from the coronavirus pandemic. FULL STORY

Businesses urge governors to back Northeast vehicle climate plan

Supporters of the program are seeking to highlight industry support for the effort, to counter resistance from some free-market and conservative groups. FULL STORY

Ewire: Senate GOP stimulus bill omits key energy measures

In today's Ewire: Provisions regarding carbon limits for airlines, national oil purchases and low-carbon technology tax credits are not included in the $1 trillion proposal from Senate Republicans. FULL STORY

EPA leaves solvent vegetable oil extraction air toxics rule unchanged

The agency's decision to complete a risk and technology review of its solvent vegetable oil extraction air toxics rule without substantially changing the regulation reflects a long-running approach to such air rule reviews. FULL STORY

Coronavirus shifts Earth Day climate mobilization push to digital focus

The Earth Day Network (EDN) is giving up on its plans for massive worldwide rallies calling for large-scale action to curb climate change slated for April 22, and switching to a "digital mobilization" centered on social media as governments across the world have limited in-person gatherings to combat the COVID-19 pandemic. FULL STORY

Your Inside EPA trial access ends April 17, 2020.

If you act now, you may be eligible for up to a 50% discount on the first year of your one-year subscription. Contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com to subscribe or for more information.

EPA Floats 13 Draft Scope Documents For Next Round Of TSCA Reviews

EPA has released for public comment the draft scoping documents for 13 of the next 20 chemicals its toxics program has begun to evaluate, marking the earliest indication of how EPA is planning to assess the second batch of existing chemicals it will assess as Congress directed in its 2016 reform of the Toxic Substances Control Act (TSCA). FULL STORY

Conservative Group Draws Fire For Shifted Stance On Vehicle GHG Rule

A conservative advocacy group is reversing its prior criticism of the Trump administration's vehicle greenhouse gas standards rollback, and is now touting the rule as a "major victory" by selectively citing cost savings while avoiding the administration's own estimates that the rule may spur up to $22 billion in net costs on the economy. FULL STORY

EPA Fights Refiner Push For High Court To Review RFS Compliance 'Point'

EPA is fighting refiners' bid for the Supreme Court to review EPA's renewable fuel standard (RFS) compliance mechanism, arguing that a 2017 rulemaking, upheld by a federal appeals court, satisfies the agency's Clean Air Act duty to consider which entities must demonstrate compliance with the RFS' mandates for biofuel blending. FULL STORY

OTC Weighs Options For Mobile Source Air Cuts To Attain Ozone NAAQS

The Ozone Transport Commission (OTC) of Northeast and Mid-Atlantic states is increasingly looking to options for reducing ozone-forming mobile sources such as cars and trucks as long-term options for driving down stubbornly high levels of the pollutant that are preventing them from attaining EPA's ozone ambient air standards. FULL STORY

EPA announces deputy general counsel, other top officials

The agency has hired officials for top positions including a former ethanol industry lobbyist as the deputy general counsel and a Senate GOP staffer for its congressional relations office. FULL STORY

EPA delays deadline on ash permit rule comments

The one-month extension falls short of environmental groups' request to lengthen the comment periods on two pending rules by 120 days, and avoids mention of the COVID-19 pandemic. FULL STORY

Ewire: Pelosi slows push to aid clean energy in virus bill

In today's Ewire: The House speaker is suggesting that Congress should "double down" on its most recent bill to respond to the coronavirus, though President Trump is seeking help for the oil sector. FULL STORY

Nuclear waste deregulatory plan draws fire

Environmentalists are blasting a Nuclear Regulatory Commission proposal to relax requirements on where low-level radioactive waste can be sent for disposal. FULL STORY

Eyeing Investor Demand, Oil Groups Tout Sustainability Reporting Guide

Oil and gas industry groups have released a new version of their long-standing guidance to individual companies on reporting their environmental, social and governance (ESG) sustainability efforts, partly in response to what they say are major new ESG demands from banks, shareholders and investment firms. FULL STORY

Businesses call for urgent 'net positive' freshwater impacts by 2050

As water scarcity issues become increasingly urgent, a coalition of major U.S. and global corporations is urging businesses to sign a pledge to preserve freshwater and achieve "net positive water impacts" by 2050 by making strategic changes to their supply chains. FULL STORY

House Lawmakers Launch Early Push For PFAS Measures In Defense Bill

House lawmakers are launching an early push to try to attach stalled policy measures to regulate per- and polyfluoroalkyl substances (PFAS) to next year's defense authorization bill, seeking to build on efforts late last year that added a host of PFAS measures to the fiscal year 2020 National Defense Authorization Act (NDAA). FULL STORY

Faulting EPA Analysis, Critics Step Up Push For Stalled Asbestos Ban Bill

A key House Democrat and an asbestos awareness group are stepping up efforts to advance stalled bipartisan legislation seeking to ban asbestos, arguing EPA's recently released draft evaluation of the minerals under the revised toxics law is too narrowly focused and ignores multiple aspects of asbestos risk as well an appellate court ruling. FULL STORY

Court Allows Air Force's Landmark Challenge To New Mexico's PFAS Permit

A federal district court has ruled the Air Force can move forward with its landmark case challenging New Mexico's regulation of per- and polyfluoroalkyl substances (PFAS) in a hazardous waste permit for a base, bolstering the military's precedent-setting attempt to limit states' PFAS authorities over cleanup of the emerging contaminants. FULL STORY

EPA, Sierra Club Defend Injunctive Relief In Key NSR Air Permit Appeal

EPA and environmentalists in new legal briefs are defending a federal district court's requirement that electric utility Ameren Missouri install tougher emissions controls on two power plants, in an appeal testing the limits of EPA's enforcement authority under the new source review (NSR) air permit program. FULL STORY

State Regulators Offer Varying Policies Easing Compliance During Pandemic

States from Texas to Ohio are issuing a range of policies temporarily waiving compliance with environmental rules during the COVID-19 emergency, with several echoing EPA's approach that facilities must document that they were unable to comply with requirements due to the pandemic, officials and attorneys say. FULL STORY

EPA Biomass CO2 Proposal Expected To Exclude Agricultural Residues

EPA's pending proposed rule that is expected to define sustainably sourced biomass power as carbon neutral for regulatory purposes is not expected to widen the scope of the agency's current policy to various types of agriculture residues, sources say, despite an extended push by the agricultural sector. FULL STORY

EPA extends science rule comment deadline

The new May 18 comment deadline for the plan puts any final rule at risk of being easily scrapped under the Congressional Review Act if Democrats sweep the November elections. FULL STORY

OIG stands behind EtO alert despite Wheeler's call for withdrawal

The watchdog office is refusing Administrator Andrew Wheeler's request to withdraw an "urgent" management alert that called for new outreach to communities affected by ethylene oxide emissions. FULL STORY

Chemours left to arbitrate fraudulent claims against DuPont

A Delaware state court ruled March 30 that it lacks jurisdiction to oversee the legal challenge. FULL STORY

Ewire: Coronavirus fallout delays key UN climate meeting

In today's Ewire: The meeting had been scheduled to run from Nov. 9-19 in Glasgow, Scotland, and countries were expected to ramp up their climate mitigation pledges. FULL STORY

Environmentalists file new suit over EPA's Montana nutrients decision

Upper Missouri Waterkeeper argues the agency and state are illegally attempting to circumvent the Clean Water Act's goals by eliminating science-based numeric nutrient criteria. FULL STORY

EPA Obama Official Sees States Leading Effort To Tackle Plastic Pollution

Former Obama EPA Region 2 Administrator Judith Enck says state and local governments will likely lead the way in advancing legislation to lower plastic pollution, doubting that pending federal legislation that is starting to draw opposition from Republicans will make it through the Senate this year. FULL STORY

Study finds climate-caused damage to ocean system near 'tipping point'

A new study by a multinational group of scientists finds for the first time that a vital part of the Earth's climate system, Atlantic Ocean deep water circulation, is critically close to a "tipping point" that could abruptly cause a significant change in climate and cooling. FULL STORY

DOJ Gives Industry Blanket Relief From Paying Penalties Due To COVID-19

The Department of Justice (DOJ) is taking the unprecedented step of offering blanket relief -- at least until the end of May -- to parties subject to consent decrees that require penalty payments to the U.S. Treasury, citing economic disruptions caused by the COVID-19 pandemic, according to a model letter obtained by Inside EPA. FULL STORY

Environmentalists' Virtual Hearing On EPA Science Rule Previews Legal Fight

Environmentalists and former EPA officials testifying during a virtual hearing hosted by the Union of Concerned Scientists (UCS) previewed legal arguments they appear likely to make when they almost certainly challenge the agency''s controversial plan limiting the use of science in rulemaking and policy decisions. FULL STORY

Wheeler Touts Plan To Retain PM NAAQS As Model For Future Reviews

EPA Administrator Andrew Wheeler is touting the agency's plan to retain existing particulate matter (PM) national ambient air quality standards (NAAQS) following a streamlined review as a model for conducting Clean Air Act-mandated reviews of other NAAQS in the future, though the decision is likely to draw litigation if finalized. FULL STORY

EPA Agrees To Finalize High-Profile Temperature TMDL After Court Losses

EPA has agreed with environmentalists to finalize a temperature reduction plan for the Columbia and Lower Snake rivers in Washington state and Oregon by May 18, following precedential rulings requiring agency action, although EPA is continuing to dispute in other litigation the controversial judicial doctrine at the heart of the rulings. FULL STORY

Rejecting Plaintiffs, Judge Orders Virtual Trial In Landmark TSCA Suit

A federal judge has ordered a first-time citizen suit under the revised Toxic Substances Control Act (TSCA) to proceed in a virtual bench trial later this year due to the coronavirus pandemic despite objections from the plaintiffs who had won the right to a de novo proceeding where they will be able to present new evidence to the court. FULL STORY

EPA Proposal Aims To 'Streamline' Implementation Of Federal Fuels Rules

EPA has released its long-awaited proposal to "streamline" implementation of its broad suite of fuels regulations, aiming to simplify the many overlapping requirements across the various policies and to ease what it sees as bureaucratic burdens for fuel producers and other industries without relaxing the overall stringency of the rules. FULL STORY

New Jersey approves strict MCLs for two key PFAS

"Experts say New Jersey's new PFAS limits are among the most legally sound, presenting a new proving ground for a state's ability to regulate PFAS," according to local press reports. FULL STORY

SAB urges EPA to redo MATS rule

EPA's Science Advisory Board is urging EPA to conduct a new risk assessment for its forthcoming MATS rollback. FULL STORY

Ewire: Biden, Sanders to launch 'task force' on climate policy

In today's Ewire: The group will pursue "creative new ideas and proposals," said presumptive Democratic presidential nominee Joe Biden, during an event in which Sen. Bernie Sanders (I-VT) endorsed him. FULL STORY

Agencies advance rules scaling back NEPA requirements

Several agencies are scaling back their individual requirements under the National Environmental Policy Act, even as the White House is crafting a sweeping rollback of rules that apply to all agencies. FULL STORY

Moniz Proposes 'Energy Jobs Coalition' For Post-Coronavirus Economy

Ernest Moniz, energy secretary under President Barack Obama, is proposing the creation of an "Energy Jobs Coalition" (EJC) stimulus program to revive the economy after the coronavirus pandemic, including investments in energy efficiency and decarbonization of power supplies. FULL STORY

In Latest EPA Loss, 1st Circuit Finds Science Advisor Policy Unlawful

A federal appellate court has found that EPA's controversial policy barring agency grant recipients from serving as EPA science advisors is unlawful because it skewed representation on the panels toward state and industry representatives, the second court defeat for the controversial policy in the past few weeks. FULL STORY

Groups Say Coronavirus Highlights Need For Climate Adaptation, GHG Cuts

Environmental groups and analysts that support more ambitious steps to address climate change are urging the federal government's response to the coronavirus pandemic to include a broad shift to clean energy, while noting that the public health crisis is underscoring the importance of preparing for climate-related disasters like extreme weather. FULL STORY

Environmentalists Seek 'Immediate' EPA Action On TCE Ahead Of Review

As science advisors prepare to review EPA's draft evaluation of the common solvent trichloroethylene (TCE), environmentalists and former officials are urging the agency to take "immediate action" to address any "imminent and serious" acute risks while also calling for the draft to be strengthened so the substance can be banned going forward. FULL STORY

Environmentalists Urge Court To Keep Slaughterhouse ELG Challenge Alive

Environmentalists are trying to convince a federal appeals court that it can consider whether EPA has unlawfully failed to update technology-based effluent limits for meat and poultry slaughterhouses, disputing agency assertions that no final action under the Clean Water Act (CWA) has occurred that the court can review. FULL STORY

TRIAL REMINDER

Thanks for trying Inside EPA. Your trial subscription will be active until April 17, 2020.

Coronavirus response bill prompts clash over environmental priorities

Senate Republicans charge that Democrats are blocking up a coronavirus economic response bill "unless they get to dust off the Green New Deal." FULL STORY

States urge 9th Circuit to reject EPA landfill methane plan delay

States and environmental groups are charging that EPA's August 2019 rule delaying deadlines in an Obama-era landfill methane rule should not override a prior court order requiring it to implement the standards. FULL STORY

Ewire: EPA reportedly won't appeal ruling limiting RFS waivers

In today's Ewire: The agency has reversed course, again, on whether to challenge an appellate ruling that would significantly hamper small refiner compliance waivers under the renewable fuel standard. FULL STORY

FERC approves Oregon LNG export terminal

Federal energy regulators' approval of the Jordan Cove LNG terminal is conditioned on the developer securing the state permits it needs to proceed, and Oregon has objected to the project. FULL STORY

Clean energy advocates urge funding support as COVID-19 spreads

Major clean energy groups and the Sierra Club are urging Congress to quickly approve renewable energy tax credits and consider protections for the sector in pending coronavirus economic stimulus legislation, saying the pandemic poses major risks to the clean energy industry. FULL STORY

Environmentalists Seek Reporting On Firms' Use Of EPA's Virus Policy

A coalition of environmental organizations is petitioning EPA to quickly issue an emergency rule that would require companies that make use of the agency's enforcement discretion policy during the coronavirus pandemic to disclose when they stop monitoring or reporting their releases and provide a justification for doing so. FULL STORY

EPA, Industry Defend Virus Enforcement Guidance As Limited, Reasonable

EPA and many industry attorneys are defending the agency's guidance limiting civil enforcement for reporting and monitoring during the coronavirus pandemic as a responsible and limited response to the unprecedented restrictions imposed to address the health emergency, stressing that the guide is not, as some critics charge, a "license" to pollute. FULL STORY

2nd Circuit Backs NRDC's Push For EPA To Release Vehicle GHG Model

In a win for environmentalists, a federal appeals court is ordering EPA to publicly release its computer model that could highlight faulty assumptions in the agency's rollback of vehicle greenhouse gas standards, saying the model is not "deliberative" data protected from disclosure under the Freedom of Information Act (FOIA). FULL STORY

Senate Democrats Press EPA On Operational Decisions During Virus

Nearly a dozen Senate Democrats are pressing EPA to detail a host of decisions about its operations during the ongoing coronavirus pandemic, including its new policy floating enforcement discretion for various industries, officials' steps to continue advancing rulemakings, and potential long-term plans allowing staff to telework. FULL STORY

EPA, Industry Urge Court To Deny Stay In RMP Rollback Rule Case

EPA is urging a federal appeals court to reject environmentalists' request to stay litigation challenging its rollback of Obama-era chemical disaster safety mandates as the agency weighs their reconsideration petitions, arguing a stay runs counter to the Clean Air Act (CAA) even if petitions for rule reconsideration are pending. FULL STORY

Wheeler Urges OIG To Rescind EtO Air Toxics Alert, Claiming 'Disconnect'

EPA Administrator Andrew Wheeler is asking the Office of Inspector General (OIG) to rescind its March 31 alert of the "urgent" need to notify communities near 16 industrial facilities of cancer risks from the sites' ethylene oxide (EtO) emissions, saying the agency had no notice that OIG considered its current approach inadequate. FULL STORY

10th Circuit Judges Probe EPA On Policy For Reviewing Title V Air Permits

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit at recent oral argument probed EPA and Sierra Club over the group's lawsuit challenging a revised agency policy for reviewing objections to Clean Air Act "Title V" permits, a change that environmentalists say makes it harder to challenge unlawfully weak permits. FULL STORY

In Rare Decision, EPA Grants Sierra Club Petition Faulting Dow Air Permit

In a rare win for environmentalists under the Trump administration, EPA has granted a petition filed by the Sierra Club and Environmental Integrity Project (EIP) for it to object to a Clean Air Act permit Texas proposed for a Dow facility -- agreeing with the groups that the permit lacks enough information to justify its emissions limits. FULL STORY

EPA proposes to give Wyoming primacy for CCS wells

The state would be just the second, after North Dakota, to directly implement EPA's Class VI permitting program for carbon dioxide sequestration activities. FULL STORY

Quote-Unquote: What they're saying about . . .

. . . enforcement discretion and vehicle greenhouse gas rule rollbacks. FULL STORY

Oil industry seeks high court review of nuisance ruling

The oil industry is urging the Supreme Court to review a U.S. Court of Appeals for the 4th Circuit ruling that Baltimore's climate nuisance case can proceed in state court. FULL STORY

Ewire: Trump, Obama trade swipes over auto GHG rollback

In today's Ewire: Dueling arguments from President Donald Trump and his predecessor underscore the high stakes over the rollback of vehicle greenhouse gas standards. FULL STORY

EPA, industry reject MATS ruling as boost to pulp suit

EPA says a recent D.C. Circuit ruling over its utility air toics rule does not help environmentalists' fight to add new air toxics limits for pulp mills. FULL STORY

Environmentalists Urge House To Hike FY21 Climate, Biodiversity Funds

Environmentalists are calling on House appropriators to significantly hike fiscal year 2021 funding for clean energy and foreign aid programs they see as vital to advance climate and biodiversity goals, saying the White House's FY21 request falls far short of the necessary spending. FULL STORY

DOE programs assist renewable ocean energy's 10-fold increase

Energy derived from wave and tidal power has risen 10-fold over a decade, says a new report by an international organization involving the United States and other nations advancing ocean-based renewable power programs, including several Energy Department (DOE) efforts. FULL STORY

Last day to save -- your Inside EPA trial access, and our 50% discount offer, end today.

Subscribe now to ensure uninterrupted access. Contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com to subscribe or for more information.

MATS Rollback 'Foreshadows' New Cost Basis To Limit Stricter Air Rules

EPA has finalized its plan to revoke the cost-benefit analysis underpinning the Obama-era mercury and air toxics standards (MATS), with agency Administrator Andrew Wheeler saying the rollback "foreshadows" a new approach to assessing regulations' costs and benefits that critics warn will help EPA justify not issuing stricter air rules. FULL STORY

Judge Vacates Keystone XL's CWA Permit, Opening Door To More Suits

A federal district court judge in Montana has remanded and vacated a Clean Water Act (CWA) dredge-and-fill general permit for the Keystone XL pipeline, opening the door to plaintiffs in other states bringing similar challenges in other states to pipelines and "utility line activities" covered by the permit. FULL STORY

Judge Backs EPA Ash Permit Reviews But Partially Vacates State Program

A federal district judge has upheld EPA's process for reviewing states' coal ash permitting programs and rejected environmentalists' claims that the policy violates the Resource Conservation & Recovery Act (RCRA), but has also partially vacated the first state permitting rule that the agency approved under the process. FULL STORY

Environmentalists Detail Legal Attacks On EPA's Coal Ash Permit Plan

Environmentalists are detailing legal attacks on EPA's proposed nationwide Resource Conservation & Recovery Act (RCRA) permit program for coal ash disposal, faulting the agency's plan for "lifetime" permits that never expire, its use of general permits, and limited public outreach on proposed limits. FULL STORY

Groups Sue To Force EPA To Report Enforcement Lapses But Face High Bar

Environmentalists are asking a federal court to force EPA to respond to its emergency petition urging the agency to quickly write a rule requiring facilities to disclose their use of the agency's enforcement discretion policy during the coronavirus pandemic, though the effort appears to face a high legal bar. FULL STORY

CalEPA Plans To 'Fill' EPA Enforcement Gaps, Offers 'Limited' Industry Relief

California environmental officials say they will "fill any enforcement gaps left by U.S. EPA's decision to reduce environmental oversight" during the COVID-19 emergency, while offering more-limited compliance and enforcement relief to industries than what the federal agency has offered. FULL STORY

Quoted: Early reaction to EPA's MATS rollback

Initial reaction to EPA's imminent move to roll back the cost-benefit justification for the agency's mercury and air toxics standards (MATS) undermines MATS and will increase public health risks. FULL STORY

Administration seeks to revive 'vetoed' Yazoo pumps project

The administration argues that recent flooding and new environmental data demonstrate the need to complete the previously blocked flood control project with some updated features. FULL STORY

Environmentalists sue EPA over refinery air toxics rule

The lawsuit challenges the agency's decision to deny environmental groups' petition for reconsideration of its refinery emissions standards. FULL STORY

Ewire: NRDC launches suit over EPA 'non-enforcement' policy

In today's Ewire: EPA's policy offering "enforcement discretion" amid the coronavirus pandemic creates a "serious and immediate risk" that industry will stop monitoring and reporting pollution, the group says. FULL STORY

EPA further eases disinfectant rules

EPA will temporarily allow registrants to notify the agency of "certain formulation and manufacturing facility changes and immediately release the product for sale without waiting for EPA approval." FULL STORY

Health Researchers Say Virus Shows Need For Environmental Reform

Climate and public health researchers say the COVID-19 pandemic is exposing the same flaws that make the world vulnerable to climate change and other environmental disasters, and could provide an immediate opportunity to begin major reforms if the public and political leaders can be convinced that the threat is severe enough. FULL STORY

As EPA Readies Guide, Waste Industry Seeks Waiver For Numerous Rules

The waste and recycling industry is asking EPA to suspend enforcement of numerous rules during the COVID-19 pandemic, the latest in a series of sectors seeking relief from EPA in a guidance that is expected to be issued as soon as March 26. FULL STORY

Facing Industry Concerns, EPA Unveils Steps To Ease TSCA Fees

EPA is taking steps to address widespread industry fears over fees the agency must levy to pay for upcoming risk evaluations under the revised toxics law, including creating waivers so some firms may be exempted from future obligations and issuing an enforcement waiver for those companies that fail to self-identify ahead of a May deadline. FULL STORY

Draft EPA Revision To 'Construction' Definition Eases NSR For Industries

EPA in a new draft guidance document is easing the path for industry to start building projects that may increase air emissions, without first obtaining a new source review (NSR) air permit, but while environmentalists oppose the move they also doubt it will have much real-world impact and is a "largely ineffectual favor" from EPA to industry. FULL STORY

EPA Says It Is 'Listening' To SACC On TSCA But Draws Renewed Criticisms

EPA toxics chief Alex Dunn sought to assure advisors reviewing draft risk evaluations that the agency is "listening to you," but during a March 24 meeting to review the agency's draft evaluation of trichloroethylene (TCE) some advisors renewed long-running concerns that have spanned multiple evaluations. FULL STORY

Climate Backers Pin Hopes On Next Virus Bill After Stimulus Spurns Push

Supporters of climate and environmental measures are turning their hopes to a potential "phase 4" bill to respond to the coronavirus pandemic after lawmakers spurned a suite of proposals in an unprecedented $2 trillion stimulus package speeding toward approval this this week. FULL STORY

TRIAL REMINDER

Thanks for trying Inside EPA. Your trial subscription will be active until April 17, 2020.

Senate adds short-term CFATS extension to emergency aid package

The three-month extension means lawmakers will soon have to debate the chemical facility security program's future given Trump administration calls to end it. FULL STORY

McKenna leaves White House post

Michael McKenna, the former Republican energy lobbyist who joined the White House last fall, resigned after an unspecified complaint was lodged against him regarding statements he made at work. FULL STORY

Quote-unquote: what they're saying about. . .

. . . seeking environmental relief in a time of crisis FULL STORY

EPA drops RFS waiver ruling appeal, signaling huge cut in exemptions

The agency's decision not to appeal a ruling significantly restricting its renewable fuel standard small refiner waiver policy will dramatically limit the number of future waivers EPA can issue. FULL STORY

Ewire: Final $2 trillion stimulus deal omits key energy aspects

In today's Ewire: The deal dropped $3 billion to buy oil for the Strategic Petroleum Reserve, while also spurning a plan to impose carbon limits on airlines in exchange for government aid. FULL STORY

D.C. Circuit urged to reverse rejection of RFS case consolidation

Despite biogas producers' call for reconsideration, appellate judges appear unlikely to revise their order keeping lawsuits over EPA's 2019 and 2020 renewable fuel standards separate. FULL STORY

Academic study warns huge ecosystems could collapse within 50 years

Academics in a new study warn that governments must prepare for the possibility that large ecosystems such as rainforests and coral reefs could collapse within 50 years, much quicker than previously believed, as a result of pollution, degradation and climate change. FULL STORY

MATS Rollback 'Foreshadows' New Cost Basis To Limit Stricter Air Rules

EPA has finalized its plan to revoke the cost-benefit analysis underpinning the Obama-era mercury and air toxics standards (MATS), with agency Administrator Andrew Wheeler saying the rollback "foreshadows" a new approach to assessing regulations' costs and benefits that critics warn will help EPA justify not issuing stricter air rules. FULL STORY

Judge Vacates Keystone XL's CWA Permit, Opening Door To More Suits

A federal district court judge in Montana has remanded and vacated a Clean Water Act (CWA) dredge-and-fill general permit for the Keystone XL pipeline, opening the door to plaintiffs in other states bringing similar challenges in other states to pipelines and "utility line activities" covered by the permit. FULL STORY

Judge Backs EPA Ash Permit Reviews But Partially Vacates State Program

A federal district judge has upheld EPA's process for reviewing states' coal ash permitting programs and rejected environmentalists' claims that the policy violates the Resource Conservation & Recovery Act (RCRA), but has also partially vacated the first state permitting rule that the agency approved under the process. FULL STORY

Environmentalists Detail Legal Attacks On EPA's Coal Ash Permit Plan

Environmentalists are detailing legal attacks on EPA's proposed nationwide Resource Conservation & Recovery Act (RCRA) permit program for coal ash disposal, faulting the agency's plan for "lifetime" permits that never expire, its use of general permits, and limited public outreach on proposed limits. FULL STORY

Groups Sue To Force EPA To Report Enforcement Lapses But Face High Bar

Environmentalists are asking a federal court to force EPA to respond to its emergency petition urging the agency to quickly write a rule requiring facilities to disclose their use of the agency's enforcement discretion policy during the coronavirus pandemic, though the effort appears to face a high legal bar. FULL STORY

CalEPA Plans To 'Fill' EPA Enforcement Gaps, Offers 'Limited' Industry Relief

California environmental officials say they will "fill any enforcement gaps left by U.S. EPA's decision to reduce environmental oversight" during the COVID-19 emergency, while offering more-limited compliance and enforcement relief to industries than what the federal agency has offered. FULL STORY

Quoted: Early reaction to EPA's MATS rollback

Initial reaction to EPA's imminent move to roll back the cost-benefit justification for the agency's mercury and air toxics standards (MATS) undermines MATS and will increase public health risks. FULL STORY

Administration seeks to revive 'vetoed' Yazoo pumps project

The administration argues that recent flooding and new environmental data demonstrate the need to complete the previously blocked flood control project with some updated features. FULL STORY

Environmentalists sue EPA over refinery air toxics rule

The lawsuit challenges the agency's decision to deny environmental groups' petition for reconsideration of its refinery emissions standards. FULL STORY

Ewire: NRDC launches suit over EPA 'non-enforcement' policy

In today's Ewire: EPA's policy offering "enforcement discretion" amid the coronavirus pandemic creates a "serious and immediate risk" that industry will stop monitoring and reporting pollution, the group says. FULL STORY

EPA further eases disinfectant rules

EPA will temporarily allow registrants to notify the agency of "certain formulation and manufacturing facility changes and immediately release the product for sale without waiting for EPA approval." FULL STORY

Health Researchers Say Virus Shows Need For Environmental Reform

Climate and public health researchers say the COVID-19 pandemic is exposing the same flaws that make the world vulnerable to climate change and other environmental disasters, and could provide an immediate opportunity to begin major reforms if the public and political leaders can be convinced that the threat is severe enough. FULL STORY

EPA Declines To Extend PFAS SNUR Amid Hint Legal Deadline May Be Eased

EPA has rejected an industry request to extend by 15 days a comment deadline on a proposed significant new use rule governing perfluorinated chemicals used in coatings for consumer products, amid suggestions that the agency's statutory deadline to make a final decision this June could be eased because of the covid-19 crisis. FULL STORY

EPA's Science Rule Faces New Legal, Political Challenges After Extension

EPA's decision to extend the comment deadline on its plan for narrowing the use of science in rulemakings is failing to assuage concerns of a key House lawmaker, who is renewing her calls for a much longer extension, a move that if granted would make the rule even more vulnerable to repeal should Democrats sweep the November elections. FULL STORY

Coronavirus Pandemic Prompts Calls To Aid State Environment Budgets

The threat of a catastrophic downturn in in state revenue caused by the coronavirus pandemic is prompting calls for Capitol Hill to proactively shore up state budgets, including providing aid to state agencies often on the front lines of implementing environmental laws. FULL STORY

EPA's Research Office Agenda Targets Emerging Air Pollution Threats

EPA's Office of Research & Development (ORD) is crafting an air and energy research agenda that will target threats to public health and the environment from several emerging air pollutants, such as ethylene oxide (EtO), per- and polyfluoroalkyl substances (PFAS), and air emissions from increasingly prevalent wildfires. FULL STORY

EPA Formally Rejects Environmentalists' Calls For Emergency TSCA Actions

EPA has formally rejected environmentalists' calls to take immediate emergency actions on three chemicals that the agency has found pose acute risks in its draft risk evaluations, arguing in part it would be "premature" to act before EPA works through the evaluation and management process laid out in section 6 of the revised toxic law. FULL STORY

Attorneys Expect Some Interim EPA Disinfectant Policies To Be Permanent

Industry attorneys expect that EPA's recent interim policies easing rules governing chemical and other ingredients used to manufacture chemical disinfectants during the coronavirus pandemic could be expanded and, in some cases, made permanent. FULL STORY

EPA poised to issue proposal for retaining suite of PM NAAQS

The agency's likely proposal to keep its particulate matter (PM) standards unchanged is expected to provoke a backlash from environmentalists, Democrats and former agency science advisors. FULL STORY

OMB reviewing 'interim' EPA rule easing air monitoring mandates

The pending rule appears likely to ease certain quality assurance requirements for continuous emission monitoring systems (CEMS) during the ongoing coronavirus pandemic. FULL STORY

EDF seeks EPA enforcement waiver information

The April 9 FOIA request along with an April 1 emergency rulemaking petition both lay the groundwork for litigation over the unprecedented policy. FULL STORY

Environmentalists sue EPA for approving Texas' 'affirmative' air defense

Sierra Club and eight other environmentalist groups are waging their latest legal fight over EPA's acceptance of 'affirmative defenses' in state air plans against liability for unplanned emissions violations. FULL STORY

EPA touts 'transparency' as it issues first TSCA CBI update

The agency says that releasing the data demonstrate "the agency's commitment to transparency while fulfilling its responsibilities, though environmentalists recently sued over a lack of transparency. FULL STORY

Ewire: Obama veterans tout options for clean energy stimulus

In today's Ewire: "I want something that's truly innovative, where there may be high risk involved . . . but where the public benefits could be really big," said former Obama administration official Joe Aldy. FULL STORY

Federal district judge rejects states' suit over '2-for-1' EO

The decision mirrors a 2019 ruling by the same judge holding that there is no proof the executive order commanding agencies to target two rules for repeal for every one they issue has had concrete effects. FULL STORY

Firms Facing Novel Plastic 'Nuisance' Suit Shift Case To Federal Court

Companies facing novel claims under California state law that they effectively lied to customers by claiming their plastic products and packaging are recyclable despite their waste outstripping the capacity of most recycling systems are seeking to move the suit to federal court, arguing that suit is beyond any one state's authority. FULL STORY

Oil industry CEOs join one of world's first gas-plant CCS projects

A coalition of major oil and gas company CEOs that advocates for massive deployment of carbon capture, use, and storage (CCUS) is touting a joint venture that will be one of the world's first projects to capture carbon dioxide from a natural gas plant. FULL STORY

As EPA Readies Guide, Waste Industry Seeks Waiver For Numerous Rules

The waste and recycling industry is asking EPA to suspend enforcement of numerous rules during the COVID-19 pandemic, the latest in a series of sectors seeking relief from EPA in a guidance that is expected to be issued as soon as March 26. FULL STORY

Facing Industry Concerns, EPA Unveils Steps To Ease TSCA Fees

EPA is taking steps to address widespread industry fears over fees the agency must levy to pay for upcoming risk evaluations under the revised toxics law, including creating waivers so some firms may be exempted from future obligations and issuing an enforcement waiver for those companies that fail to self-identify ahead of a May deadline. FULL STORY

Draft EPA Revision To 'Construction' Definition Eases NSR For Industries

EPA in a new draft guidance document is easing the path for industry to start building projects that may increase air emissions, without first obtaining a new source review (NSR) air permit, but while environmentalists oppose the move they also doubt it will have much real-world impact and is a "largely ineffectual favor" from EPA to industry. FULL STORY

EPA Says It Is 'Listening' To SACC On TSCA But Draws Renewed Criticisms

EPA toxics chief Alex Dunn sought to assure advisors reviewing draft risk evaluations that the agency is "listening to you," but during a March 24 meeting to review the agency's draft evaluation of trichloroethylene (TCE) some advisors renewed long-running concerns that have spanned multiple evaluations. FULL STORY

Climate Backers Pin Hopes On Next Virus Bill After Stimulus Spurns Push

Supporters of climate and environmental measures are turning their hopes to a potential "phase 4" bill to respond to the coronavirus pandemic after lawmakers spurned a suite of proposals in an unprecedented $2 trillion stimulus package speeding toward approval this this week. FULL STORY

Senate adds short-term CFATS extension to emergency aid package

The three-month extension means lawmakers will soon have to debate the chemical facility security program's future given Trump administration calls to end it. FULL STORY

McKenna leaves White House post

Michael McKenna, the former Republican energy lobbyist who joined the White House last fall, resigned after an unspecified complaint was lodged against him regarding statements he made at work. FULL STORY

Quote-unquote: what they're saying about. . .

. . . seeking environmental relief in a time of crisis FULL STORY

EPA drops RFS waiver ruling appeal, signaling huge cut in exemptions

The agency's decision not to appeal a ruling significantly restricting its renewable fuel standard small refiner waiver policy will dramatically limit the number of future waivers EPA can issue. FULL STORY

Ewire: Final $2 trillion stimulus deal omits key energy aspects

In today's Ewire: The deal dropped $3 billion to buy oil for the Strategic Petroleum Reserve, while also spurning a plan to impose carbon limits on airlines in exchange for government aid. FULL STORY

D.C. Circuit urged to reverse rejection of RFS case consolidation

Despite biogas producers' call for reconsideration, appellate judges appear unlikely to revise their order keeping lawsuits over EPA's 2019 and 2020 renewable fuel standards separate. FULL STORY

Academic study warns huge ecosystems could collapse within 50 years

Academics in a new study warn that governments must prepare for the possibility that large ecosystems such as rainforests and coral reefs could collapse within 50 years, much quicker than previously believed, as a result of pollution, degradation and climate change. FULL STORY

EPA Enforcement 'Discretion' During Pandemic Prompts Early Concerns

EPA is pledging to exercise "enforcement discretion" if facilities cannot meet certain legal obligations under agency regulations during the COVID-19 pandemic, but environmentalists and former top Obama EPA officials fear the temporary plan will become an indefinite "nationwide waiver of environmental rules." FULL STORY

Water Sector Continues Push For Coronavirus Aid In Future Legislation

Left out of the Senate's $2 trillion coronavirus economic stimulus bill, the water sector is continuing its push for federal assistance to help utilities and low-income customers pay for their services, redoubling efforts to engage with congressional staff and lawmakers and eyeing potential future rounds of legislation, water utility sources say. FULL STORY

Citing New EIS Precedent, Court Rejects NEPA Review Of Major Pipeline

A federal district judge is rejecting as insufficient under the National Environmental Policy Act (NEPA) the Army Corps' streamlined environmental assessment (EA) of the Dakota Access Pipeline, citing a new appellate court precedent requiring a more in-depth environmental impact statement (EIS) for "controversial" projects. FULL STORY

EPA's Draft TCE Analysis Drives New Calls To Bolster Worker Protections

EPA's draft evaluation of trichloroethylene (TCE) is driving new calls from its science advisors and a top former OSHA official to strengthen its analyses of occupational exposures to chemicals in the first 10 evaluations, suggesting the agency more fully address protections beyond personal protective equipment (PPE). FULL STORY

Nichols Says ZEV Truck Rule On Track As Industry Seeks COVID-19 Relief

California air board chief Mary Nichols says the board remains on track to finalize in May its landmark rule to require medium- and heavy-duty truck makers to sell zero-emission models despite the COVID-19 crisis, while noting that officials are reviewing "a lot" of requests by industries to ease or suspend other rules during the pandemic. FULL STORY

DOJ Urges Full 9th Circuit To Deny Rehearing Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing a three-judge panel's split ruling dismissing a novel youth constitutional climate change case, arguing that the panel's decision was correct and that the case does not satisfy the high standard for en banc review. FULL STORY

EPA RTRs reflect trend of leaving air toxics rules unchanged

The agency's decision to retain existing air toxics standards for several sectors is the latest in a trend of EPA completing Clean Air Act-mandated reviews of such rules without making major changes. FULL STORY

Industry urges courts to ignore 4th Circuit climate nuisance ruling

The oil sector argues the 4th Circuit's ruling, which focused on the proper venue for climate nuisance cases, was wrong and should be disregarded. FULL STORY

Georgia reopens controversial EtO sterilization plant to fight COVID-19

The coronavirus outbreak has prompted the temporary reopening of a medical equipment sterilization facility previously closed due to concerns over its air emissions of harmful ethylene oxide. FULL STORY

Ewire: EPA, DOT to finalize auto GHG rule rollback early next week

EPA and the Department of Transportation could finalize their joint rollback of Obama-era vehicle greenhouse gas standards by March 30 or 31, starting the clock for expected lawsuits. FULL STORY

Environmentalists cite remand to boost EPA science advisor suit

Environmentalists say a 1st Circuit loss for EPA in a suit over its science advisor policy bolsters a parallel suit pending in the D.C. Circuit. FULL STORY

Environmentalists Say Pandemic Shows Need For Earth Day Advocacy

Environmentalists say the ongoing coronavirus pandemic and politicians' responses to the crisis show the need for plans to hold Earth Day campaigns calling on governments to address climate change, even though rallies and other in-person gatherings are being canceled and shifted to online advocacy efforts. FULL STORY

DOD Weighs New Policies To Manage Wider Swath Of PFAS Releases

The Defense Department (DOD) is weighing whether to develop policy that would manage cleanup and disposal of per- and polyfluoroalkyl substances (PFAS) across a range of media, including contaminated soil, stormwater runoff, biosolids and sludge, a potentially significant widening of its current focus on contaminated drinking water. FULL STORY

Senators Eye Attaching Short CFATS Extension To Third Coronavirus Bill

Senators are looking to a third coronavirus relief bill to attach a three-month extension of the Department of Homeland Security's facility safety program that is set to expire April 18, aiming to buy more negotiating time on separate legislation that would reauthorize the program but potentially also make substantive changes to it. FULL STORY

Environmentalists Sue EPA Over 'Black Box' New Chemicals Program

Environmental groups have made good on their threat to sue EPA over inadequate transparency in its new chemicals review program, charging it's a "black box" that violates requirements in the Toxic Substances Control Act (TSCA) as well as the Administrative Procedure Act (APA). FULL STORY

DOJ Leaves Door Open For Congress To Allow SEPs But Backers Doubtful

The Justice Department's (DOJ) top environment official, Jeff Clark, is leaving the door open for Congress to specifically authorize the use of popular supplemental environmental projects (SEPs) in enforcement settlements, after he banned their use earlier this month, though supporters of the projects doubt lawmakers will act soon. FULL STORY

Congress Faces Pressure To Prohibit Water Shutoffs In Coronavirus Bill

Several Democratic House lawmakers and environmentalists are calling on Congress to include provisions in developing coronavirus relief legislation that would ban water utilities from turning off water to homes during the health crisis, though one utility source says it is unclear how the government could implement a national ban. FULL STORY

Quote-Unquote: What they're saying about . . .

. . . work at home and other signs of changing times. FULL STORY

Environmentalists cite MATS ruling to boost pulp mills air rule suit

Environmentalists claim an adverse ruling for EPA on provisions in its utility air toxics rule bolsters their suit aiming to force EPA issuance of "missing" emissions limits in pulp mill air toxics standards. FULL STORY

Ewire: DOJ official says court erred in California cap & trade case

In today's Ewire: Jeffrey Bossert Clark, who heads the Justice Department's environment division, says it would be premature to discuss exactly how the government will respond in the case. FULL STORY

South Carolina law signals hurdles for coal ash site closures

A state lawmaker's effort to block TVA's plan to send ash from a closed power plant to his district could be a sign of difficulties for other power companies with similar plans. FULL STORY

EPA Joins Calls For FERC To More Closely Scrutinize Amended Pipeline

EPA Region 3 is joining environmentalists and state officials in urging the Federal Energy Regulatory Commission (FERC) to more closely scrutinize the environmental effects of a developer's plan to bifurcate a proposed natural gas pipeline in the Mid-Atlantic region. FULL STORY

High Court's Narrow 'Deference' Standard May Limit EPA Policy Reversals

The Supreme Court's June 2019 decision curtailing judicial deference to agencies' regulatory interpretations could make EPA's efforts to reverse prior policies through new guidance vulnerable to court challenges because judges read it as bolstering limits on "unfair surprise" to stakeholders, attorneys say. FULL STORY

Refiners, Barrasso Urge 10th Circuit Rehearing Of RFS Waivers Ruling

The refining sector, backed by the state of Wyoming and Senate environment committee Chairman John Barrasso (R-WY), is urging a federal appeals court to grant rehearing of its landmark decision striking down compliance waivers granted to small refiners for renewable fuel standard (RFS) biofuel blending obligations. FULL STORY

EPA Defends 'Special Case' CWA Exclusion From Legal Challenges

EPA is urging a federal district court to find that it properly excluded 1,365 acres of salt ponds adjacent to San Francisco Bay from Clean Water Act (CWA) jurisdiction, one of the rare cases where EPA has invoked its "special case" authority allowing it, rather than the Army Corps of Engineers, to make the final CWA jurisdictional determination. FULL STORY

Vehicle GHG Rule Sees Lost Auto Jobs, Complicating Economic Pitch

The Trump administration's own analysis for its final rollback of vehicle greenhouse gas standards estimates that the policy will actually reduce up to 20,000 auto sector jobs, a finding that complicates President Donald Trump's claims that the rule keeps a promise to boost the auto industry and the broader economy. FULL STORY

In case you missed it: News of the week

Our must-read stories this week include EPA defending its coronavirus enforcement guidance, agency advisers voting to review the draft lead and copper rule, the vehicle greenhouse gas standard rollback, and more. FULL STORY

Pandemic slows suit over state vehicle GHG programs

Opponents of the administration's September rule preempting state vehicle greenhouse gas programs are seeking at least a 21-day extension of a proposed deadline for their opening briefs, due to the coronavirus pandemic. FULL STORY

Environmentalists threaten to sue EPA over Denver ozone SIP

Environmental groups are threatening to sue EPA over its failure to approve plans from Colorado to cut ozone in the Denver region. FULL STORY

UARG attorneys join new law firm

Three attorneys that represented the now-defunct Utility Air Regulatory Group are leaving the law firm that had long represented the group, and they are joining the firm McGuireWoods. FULL STORY

Ewire: Trump meets with oil officials, Dems push infrastructure

In today's Ewire: Trump's meeting with oil executives comes amid increasing disruption in world oil markets, while House Democrats are renewing a push to invest in water and grid infrastructure in the next coronavirus bill. FULL STORY

EPA waste enforcement discretion guide 'imminent'

Informed sources say the document for private party cleanups is expected to be similar to internal agency guidance that applies to EPA-run cleanups. FULL STORY

Climate study finds banks' fossil lending up $2.7 billion after Paris pact

A new report by Sierra Club, Rainforest Action Network (RAN) and other groups finds that global banks including major U.S. lending institutions have expanded fossil fuel company financing by $2.7 trillion in the years since the signing of the December 2015 Paris climate pact, investments that they say are driving the plant "toward climate disaster." FULL STORY

EPA Continues Push To Curb Telework For Some, After Pandemic

In what some agency sources call awkward timing, EPA is continuing its prior push toward less-flexible telework policies for some staff even as the coronavirus pandemic has spurred emergency unscheduled telework across the agency amid talk of unprecedented, months-long disruptions. FULL STORY

Water Utilities Seek Financial Assistance In Coronavirus Stimulus Package

Municipally owned drinking water and wastewater utilities are urging senators to provide financial assistance for their sector in upcoming economic stimulus legislation to offset the effects of the novel coronavirus, citing concerns about expected revenue losses and new sick- and family medical-leave requirements. FULL STORY

New York Says EPA Sets 'Impossibly' High Bar For Interstate Air Petitions

New York, backed by environmental groups, is telling a federal appeals court that EPA has set an "impossibly high barrier" for states to meet in order to successfully petition the agency to regulate interstate air emissions sources, because the agency's policy in effect requires the unlikely ability of states to develop regional ozone reduction plans. FULL STORY

State AGs Defend EPA Enforcement, Oppose OMB Civil Action Change

State attorneys general (AGs) and employment lawyers are opposing the White House Office of Management & Budget's (OMB) call for input on potentially tightening due process protections in civil enforcement actions at EPA and elsewhere, arguing that there is no rational or legal basis for any such reforms. FULL STORY

Industries Seek Wide Application Of EPA International Air Emission Waiver

Manufacturing, oil and other industry groups are asking EPA to broadly apply its draft regulatory waiver for international air pollution and include naturally occurring emissions for the first time, seeking an expansive approach for allowing states to claim attainment with federal air standards by discounting air pollution from overseas. FULL STORY

Environmentalists Ask EPA To Narrow Global Air Pollution NAAQS Waiver

Sierra Club, Environmental Defense Fund (EDF) and other major environmental groups are asking EPA to narrow the application of its draft guidance that will allow states to demonstrate they would have attained national ambient air quality standards (NAAQS) but for air pollution emanating from overseas sources they cannot regulate. FULL STORY

Industry Heightens Legal, Political Push To Pare Portland Harbor Remedy

Industry parties are stepping up pressure on EPA to pare back the cleanup remedy at the massive Portland Harbor Superfund site, filing a formal petition, warning of a potential suit and arguing that the agency's deregulatory gains mean little if it requires businesses at the site to pay more than $1 billion over what they believe is needed. FULL STORY

In case you missed it: News of the week

Our must-read stories this week include EPA facing calls to extend rule and consent decree deadlines due to the pandemic, the latest on the Trump administration's vehicle greenhouse gas rule rollback, and more. FULL STORY

EPA seeks new TSCA advisors

"Currently, there are 19 SACC members, all with membership terms that will expire over the next year," EPA says. FULL STORY

ACE plaintiffs ask court to delay briefing due to virus

Challengers to EPA's Affordable Clean Energy utility climate rule are seeking an additional three weeks to file their opening brief in the litigation, due to the widespread fallout from the coronavirus pandemic. FULL STORY

Businesses urge governors to back Northeast vehicle climate plan

Supporters of the program are seeking to highlight industry support for the effort, to counter resistance from some free-market and conservative groups. FULL STORY

Ewire: Senate GOP stimulus bill omits key energy measures

In today's Ewire: Provisions regarding carbon limits for airlines, national oil purchases and low-carbon technology tax credits are not included in the $1 trillion proposal from Senate Republicans. FULL STORY

EPA leaves solvent vegetable oil extraction air toxics rule unchanged

The agency's decision to complete a risk and technology review of its solvent vegetable oil extraction air toxics rule without substantially changing the regulation reflects a long-running approach to such air rule reviews. FULL STORY

Coronavirus shifts Earth Day climate mobilization push to digital focus

The Earth Day Network (EDN) is giving up on its plans for massive worldwide rallies calling for large-scale action to curb climate change slated for April 22, and switching to a "digital mobilization" centered on social media as governments across the world have limited in-person gatherings to combat the COVID-19 pandemic. FULL STORY

Coronavirus Pandemic Spurs Uncertainty For Waste Disposal, Recycling

Waste industry officials say the coronavirus pandemic is creating uncertainty for U.S. disposal and recycling, as business closures and a general economic slowdown are likely to cut the amount of waste created across the country, but limits on international trade will force domestic facilities to process a larger portion of the remaining waste. FULL STORY

D.C. Circuit Denies Biogas Producers' Drive To Accelerate 2020 RFS Suit

The U.S. Court of Appeals for the District of Columbia Circuit has denied a request by biogas producers to hear lawsuits over its 2019 and 2020 renewable fuel standard (RFS) rules together, which EPA opposed and said would effectively accelerate litigation over the 2020 RFS and limit the agency's ability to defend that rule. FULL STORY

Final Vehicle GHG Rule Appears Near Despite Cost-Benefit Challenges

Trump administration officials are scrambling to rollback EPA's vehicle greenhouse gas standards despite indications the rule could have little net benefit to society -- or even result in net costs -- with sources saying the administration is still targeting March 31 or shortly thereafter for its release. FULL STORY

Coronavirus Raises Questions About Potential Delays For Key CARB Rules

The coronavirus pandemic is raising questions about whether the California air board must delay steps to formally propose, advance or finalize key regulations, with agency officials to date offering only general and inconclusive comments about how the public health crisis will affect their agendas. FULL STORY

Environmentalists, others urge federal rule comment period extensions

A coalition of advocacy groups wants the White House to extend comment deadlines on non-emergency rules at EPA and other agencies while the national coronavirus emergency is in effect. FULL STORY

D.C. Circuit postpones all in-person oral arguments

The court, which was poised to hear oral arguments in suits over several EPA rules, is weighing whether to hold the arguments by teleconference, delay them, or decide the cases without arguments. FULL STORY

Ewire: OMB urges agencies to focus on 'mission critical' steps

In today's Ewire: Federal agencies are being ordered to "postpone or significantly curtail" services that cannot be done via telework or require in-person interaction with the public. FULL STORY

CCS backers seek higher FY21 funding for EPA, DOE programs

Increased funding would go toward EPA's permitting program for carbon dioxide storage, as well as research and development efforts at the Energy Department. FULL STORY

COVID-19 abruptly casts uncertainty on solar industry growth optimism

Coronavirus is creating sudden uncertainty for the solar industry's recent news of record-breaking growth in 2019 and optimistic projections for expanding in coming years, with the sector now wrestling with the legal, policy, and market implications of COVID-19. FULL STORY

EPA Cites Pollution Co-Benefits To Weaken MATS For Waste Coal Utilities

EPA is citing the co-benefits of reducing water and air pollution as justification for its final rule weakening mercury and air toxics standards (MATS) for some power plants burning coal refuse, creating a new subcategory of regulation under the rule that sets weaker emissions limits for six facilities in Pennsylvania and West Virginia. FULL STORY

EPA Proposes Rare Step Of Revoking SNUR For Paper Coating Polymer

Citing a review of new data, EPA is proposing to take the relatively rare step of revoking a significant new use rule (SNUR) that imposes safety requirements for use of a polymer additive used in paper coating, the second such deregulatory action the agency is advancing in the past few months. FULL STORY

House Lawmakers Eye Possible 5th COVID-19 Bill For Water Infrastructure

Two Democrats on the House Transportation & Infrastructure Committee say the next coronavirus assistance legislation is unlikely to include significant water infrastructure provisions but that a potential following bill could have a strong focus on infrastructure. FULL STORY

Legal Experts Question Whether EPA 401 Rule Will Speed Permitting

EPA's pending Clean Water Act (CWA) section 401 rule relies heavily on a high-profile appellate ruling to set a one-year time limit for states to decide whether federal projects comply with state water quality standards, but some legal experts say the deadline issue remains open to interpretation and question whether the rule can speed permitting. FULL STORY

Industry, States Urge High Court To Hear Challenge To CWA 401 Decision

Industry groups and a coalition of 17 Republican state attorneys general (AGs) are urging the Supreme Court to take up Montana and Wyoming's challenge to Washington state's denial of a Clean Water Act (CWA) certification for a planned coal export terminal, arguing Washington's actions blocking trade are exactly what the Constitution aims to prevent. FULL STORY

Truck Makers Fault California Proposal For Voluntary National NOx Limits

Heavy-duty truck makers are faulting California air officials' "unworkable" recent proposal in which individual companies could meet a less stringent state low-nitrogen oxide (NOx) standard for model years 2024-26 in exchange for voluntarily selling cleaner trucks nationwide. FULL STORY

PEER claims EPA neglecting 'essential' pandemic duties

The whistleblower group claims EPA's focus on deregulatory actions is sidelining mandatory work to address the COVID-19 pandemic, in violation of policies that govern the current state of emergency. FULL STORY

Environmentalists seek halt to permits, rules during pandemic

Over 100 groups are urging the White House to halt new mining and drilling permits and rulemaking activities until 60 days after the coronavirus national emergency is lifted. FULL STORY

Ewire: Youth groups urge nominee Biden to shift on climate

In today's Ewire: Several groups including NextGen American and Sunrise Movement say Joe Biden should adopt more progressive stances on climate issues in an effort to unite the Democratic Party. FULL STORY

EPA proposes to extend deadline for MATS electronic reporting

Citing technical difficulties, EPA is again delaying the transition to electronic compliance reporting to a single system for power plants under the mercury and air toxics standards. FULL STORY

Clean Energy Advocates Eye Push For Funding In Future COVID-19 Bill

Environmental groups, climate scientists and the renewable energy sector are eyeing a future strategy to push Congress for new major clean energy funding in COVID-19 response legislation after failing to secure any "green stimulus" measures in the $2 trillion virus economic relief law. FULL STORY

EPA plans update to procurement guides for recycled goods

EPA is taking comment on whether and how it should update long-standing guidance for federal agencies to purchase products made with recycled or reused materials -- a potential answer to calls from stakeholders to use federal procurement to boost markets for recycled goods. FULL STORY

House Lawmakers Launch Early Push For PFAS Measures In Defense Bill

House lawmakers are launching an early push to try to attach stalled policy measures to regulate per- and polyfluoroalkyl substances (PFAS) to next year's defense authorization bill, seeking to build on efforts late last year that added a host of PFAS measures to the fiscal year 2020 National Defense Authorization Act (NDAA). FULL STORY

Faulting EPA Analysis, Critics Step Up Push For Stalled Asbestos Ban Bill

A key House Democrat and an asbestos awareness group are stepping up efforts to advance stalled bipartisan legislation seeking to ban asbestos, arguing EPA's recently released draft evaluation of the minerals under the revised toxics law is too narrowly focused and ignores multiple aspects of asbestos risk as well an appellate court ruling. FULL STORY

Court Allows Air Force's Landmark Challenge To New Mexico's PFAS Permit

A federal district court has ruled the Air Force can move forward with its landmark case challenging New Mexico's regulation of per- and polyfluoroalkyl substances (PFAS) in a hazardous waste permit for a base, bolstering the military's precedent-setting attempt to limit states' PFAS authorities over cleanup of the emerging contaminants. FULL STORY

EPA, Sierra Club Defend Injunctive Relief In Key NSR Air Permit Appeal

EPA and environmentalists in new legal briefs are defending a federal district court's requirement that electric utility Ameren Missouri install tougher emissions controls on two power plants, in an appeal testing the limits of EPA's enforcement authority under the new source review (NSR) air permit program. FULL STORY

State Regulators Offer Varying Policies Easing Compliance During Pandemic

States from Texas to Ohio are issuing a range of policies temporarily waiving compliance with environmental rules during the COVID-19 emergency, with several echoing EPA's approach that facilities must document that they were unable to comply with requirements due to the pandemic, officials and attorneys say. FULL STORY

EPA Biomass CO2 Proposal Expected To Exclude Agricultural Residues

EPA's pending proposed rule that is expected to define sustainably sourced biomass power as carbon neutral for regulatory purposes is not expected to widen the scope of the agency's current policy to various types of agriculture residues, sources say, despite an extended push by the agricultural sector. FULL STORY

TRIAL REMINDER

We hope you''re enjoying your trial to Inside EPA. Your trial subscription will be active until April 17, 2020. If you''re ready to subscribe please contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com.

EPA extends science rule comment deadline

The new May 18 comment deadline for the plan puts any final rule at risk of being easily scrapped under the Congressional Review Act if Democrats sweep the November elections. FULL STORY

OIG stands behind EtO alert despite Wheeler's call for withdrawal

The watchdog office is refusing Administrator Andrew Wheeler's request to withdraw an "urgent" management alert that called for new outreach to communities affected by ethylene oxide emissions. FULL STORY

Chemours left to arbitrate fraudulent claims against DuPont

A Delaware state court ruled March 30 that it lacks jurisdiction to oversee the legal challenge. FULL STORY

Ewire: Coronavirus fallout delays key UN climate meeting

In today's Ewire: The meeting had been scheduled to run from Nov. 9-19 in Glasgow, Scotland, and countries were expected to ramp up their climate mitigation pledges. FULL STORY

Environmentalists file new suit over EPA's Montana nutrients decision

Upper Missouri Waterkeeper argues the agency and state are illegally attempting to circumvent the Clean Water Act's goals by eliminating science-based numeric nutrient criteria. FULL STORY

EPA Obama Official Sees States Leading Effort To Tackle Plastic Pollution

Former Obama EPA Region 2 Administrator Judith Enck says state and local governments will likely lead the way in advancing legislation to lower plastic pollution, doubting that pending federal legislation that is starting to draw opposition from Republicans will make it through the Senate this year. FULL STORY

Study finds climate-caused damage to ocean system near 'tipping point'

A new study by a multinational group of scientists finds for the first time that a vital part of the Earth's climate system, Atlantic Ocean deep water circulation, is critically close to a "tipping point" that could abruptly cause a significant change in climate and cooling. FULL STORY

Air Pollution Cuts Due To COVID-19 Might Ease States' NAAQS Attainment

Massive cuts in air pollution as a result of sweeping restrictions on travel and economic activity during the COVID-19 pandemic might temporarily ease states' attempts to attain federal ambient air limits, Northeastern air officials say, but there are also serious doubts about the legitimacy of air quality readings gathered during the virus crisis. FULL STORY

Researchers Weigh Health Effects Of Sudden COVID-19 Emissions Cuts

Air quality researchers are weighing how to assess health effects of sudden and steep drops in air pollution in countries around the world as a result of economic slowdowns caused by the COVID-19 pandemic, although one researcher says such a "natural experiment" might have limitations because of the unusual nature of the crisis. FULL STORY

Pelosi Seeks Water Infrastructure In Next Virus Bill But Form Is Unclear

House Speaker Nancy Pelosi (D-CA) says she wants to include assistance for the water sector in the next round of coronavirus legislation, though utility sources say it remains unclear whether that assistance will include increasing EPA infrastructure programs or other measures, especially given a focus on crafting a bipartisan bill. FULL STORY

OIG Issues 'Urgent' Call For EPA To Warn Communities Of EtO Risks

EPA's Office of Inspector General (OIG) has issued an "urgent" notice calling on the agency to notify residents near 16 facilities that emit ethylene oxide (EtO), mostly in Texas and Louisiana, that they face significant cancer risks from the chemical, but EPA officials say they plan to do so only after more analysis of the potential threat. FULL STORY

EPA, DOT Vehicle GHG Rollback Cites Up To $22 Billion In Net Costs

EPA and the Department of Transportation's (DOT) just-issued rollback of vehicle greenhouse gas and fuel economy standards acknowledges that the policy could impose up to $22 billion in net costs to society, a finding that critics are pouncing on as an indication of the rule's legal vulnerability. FULL STORY

Critics Float Legal Claims Over Auto GHG Rule But Stay Remains Wild Card

California officials and legal experts are floating several legal arguments they might use to challenge the Trump administration's rollback of vehicle greenhouse gas standards, but some sources say critics might hesitate to ask a federal appellate court to stay the implementation of the new rules because of coronavirus-related effects on the auto sector. FULL STORY

Quoted: Early reaction to final auto GHG rollback

Opponents of the rollback argue it will cost drivers more at the pump at dramatically hike carbon emissions, while supporters charge that the Obama-era requirements were unachievable and boosted cars' sticker prices. FULL STORY

EPA finds 'steady decline' in use of mercury products

There is no "indication of imports or exports of elemental mercury into or out of the United States during the reporting year," EPA says in a statement. FULL STORY

For now, CSB has a quorum after Senate confirms nominee

Katherine Lemos' confirmation means the five-member board has a quorum to investigate chemical accidents at least until the board's other member's term expires in August. FULL STORY

Ewire: EPA, DOT release final auto GHG rollback

In today's Ewire: The long-awaited regulation takes a swing at one of the Obama administration's largest efforts to curb carbon pollution that is causing climate change. FULL STORY

EPA selects new OPPT director from DOE

Yvette Collazo assumed the OPPT director's role March 29, replacing Jeff Morris, who retired. FULL STORY

COVID-19 could pose tests for institutions' climate readiness

Finance analytics officials say government and industry responses to the ongoing COVID-19 pandemic represents a trial run for whether institutions will respond to future impacts of climate change with necessary "sweeping policy changes." FULL STORY

Your Inside EPA trial access, and our 50% discount offer, end on Friday.

Subscribe now to ensure uninterrupted access. Contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com to subscribe or for more information.

EPA Declines To Extend PFAS SNUR Amid Hint Legal Deadline May Be Eased

EPA has rejected an industry request to extend by 15 days a comment deadline on a proposed significant new use rule governing perfluorinated chemicals used in coatings for consumer products, amid suggestions that the agency's statutory deadline to make a final decision this June could be eased because of the covid-19 crisis. FULL STORY

EPA's Science Rule Faces New Legal, Political Challenges After Extension

EPA's decision to extend the comment deadline on its plan for narrowing the use of science in rulemakings is failing to assuage concerns of a key House lawmaker, who is renewing her calls for a much longer extension, a move that if granted would make the rule even more vulnerable to repeal should Democrats sweep the November elections. FULL STORY

Coronavirus Pandemic Prompts Calls To Aid State Environment Budgets

The threat of a catastrophic downturn in in state revenue caused by the coronavirus pandemic is prompting calls for Capitol Hill to proactively shore up state budgets, including providing aid to state agencies often on the front lines of implementing environmental laws. FULL STORY

EPA's Research Office Agenda Targets Emerging Air Pollution Threats

EPA's Office of Research & Development (ORD) is crafting an air and energy research agenda that will target threats to public health and the environment from several emerging air pollutants, such as ethylene oxide (EtO), per- and polyfluoroalkyl substances (PFAS), and air emissions from increasingly prevalent wildfires. FULL STORY

EPA Formally Rejects Environmentalists' Calls For Emergency TSCA Actions

EPA has formally rejected environmentalists' calls to take immediate emergency actions on three chemicals that the agency has found pose acute risks in its draft risk evaluations, arguing in part it would be "premature" to act before EPA works through the evaluation and management process laid out in section 6 of the revised toxic law. FULL STORY

Attorneys Expect Some Interim EPA Disinfectant Policies To Be Permanent

Industry attorneys expect that EPA's recent interim policies easing rules governing chemical and other ingredients used to manufacture chemical disinfectants during the coronavirus pandemic could be expanded and, in some cases, made permanent. FULL STORY

EPA poised to issue proposal for retaining suite of PM NAAQS

The agency's likely proposal to keep its particulate matter (PM) standards unchanged is expected to provoke a backlash from environmentalists, Democrats and former agency science advisors. FULL STORY

OMB reviewing 'interim' EPA rule easing air monitoring mandates

The pending rule appears likely to ease certain quality assurance requirements for continuous emission monitoring systems (CEMS) during the ongoing coronavirus pandemic. FULL STORY

EDF seeks EPA enforcement waiver information

The April 9 FOIA request along with an April 1 emergency rulemaking petition both lay the groundwork for litigation over the unprecedented policy. FULL STORY

Environmentalists sue EPA for approving Texas' 'affirmative' air defense

Sierra Club and eight other environmentalist groups are waging their latest legal fight over EPA's acceptance of 'affirmative defenses' in state air plans against liability for unplanned emissions violations. FULL STORY

EPA touts 'transparency' as it issues first TSCA CBI update

The agency says that releasing the data demonstrate "the agency's commitment to transparency while fulfilling its responsibilities, though environmentalists recently sued over a lack of transparency. FULL STORY

Ewire: Obama veterans tout options for clean energy stimulus

In today's Ewire: "I want something that's truly innovative, where there may be high risk involved . . . but where the public benefits could be really big," said former Obama administration official Joe Aldy. FULL STORY

Federal district judge rejects states' suit over '2-for-1' EO

The decision mirrors a 2019 ruling by the same judge holding that there is no proof the executive order commanding agencies to target two rules for repeal for every one they issue has had concrete effects. FULL STORY

Firms Facing Novel Plastic 'Nuisance' Suit Shift Case To Federal Court

Companies facing novel claims under California state law that they effectively lied to customers by claiming their plastic products and packaging are recyclable despite their waste outstripping the capacity of most recycling systems are seeking to move the suit to federal court, arguing that suit is beyond any one state's authority. FULL STORY

Oil industry CEOs join one of world's first gas-plant CCS projects

A coalition of major oil and gas company CEOs that advocates for massive deployment of carbon capture, use, and storage (CCUS) is touting a joint venture that will be one of the world's first projects to capture carbon dioxide from a natural gas plant. FULL STORY

EPA Receives Industry Request To Assess D4, As EU Considers New Rules

For the third time since Congress revised federal toxics law, EPA has received a request from chemical manufacturers to assess the risks of an existing chemical, a move that if the agency accepts, could bolster industry efforts to challenge a European Union (EU) assessment that led to limits on the use of the siloxane, known as octamethylcyclotetrasiloxane (D4). FULL STORY

EPA COVID-19 Waste Guide Emphasizes Site-Specific Decision-Making

EPA has released guidance to its regions on how to handle hazardous waste and Superfund cleanups at private sites and federal facilities in light of the novel coronavirus that has shuttered many cleanup actions, formalizing earlier policy that sites should be re-evaluated periodically to preserve protections from imminent threats while reducing risks to workers. FULL STORY

EPA Clarifies NPDES Reporting Options As Coronavirus Limits Monitoring

EPA is quietly providing additional guidance to its regions and states about how to implement the agency's enforcement discretion policy during the COVID-19 pandemic, outlining how to record the lack of Clean Water Act discharge monitoring data in an electronic database without triggering an automatic violation. FULL STORY

Virus Intensifies Industry Push Against 'Fast Track' EPA Truck NOx Plan

The coronavirus pandemic is intensifying industry calls for EPA to slow development of its proposal strengthening nitrogen oxide (NOx) limits on heavy-duty trucks, one of the agency's few measures to tighten environmental limits, underscoring the likelihood that its release might be delayed beyond an early summer goal. FULL STORY

Louisiana May Deny Open Burn Permit Renewal As EPA Backs Alternatives

Louisiana is expected to deny renewing a permit for a commercial facility to continue open-burn/open detonation (OB/OD) of hazardous waste, including military munitions, as EPA has recently been supporting shifting away from open-air burning of waste explosives in favor of less-polluting alternative treatments. FULL STORY

In case you missed it: News of the week

Our must-read stories this week include EPA maintaining its WaterSense standards, the Ozone Transport Commission eyeing mobile source emissions cuts, an adverse air policy ruling for EPA, and more. FULL STORY

EDF warns wildfires might increase severity of COVID-19 harms

Environmentalists are warning that wildfires are likely to worsen the incidence and severity of disease caused by the coronavirus pandemic, ahead of another potentially dangerous wildfire season. FULL STORY

Trump's IG changes draw bipartisan scrutiny from Congress

EPA IG Sean O'Donnell's temporary assignment to the Department of Defense is one of a series of moves that House Democrats claim represent "unjustified attacks" on the watchdogs' independence. FULL STORY

Ewire: Citing new Virginia law, Dominion drops gas plant plans

In today's Ewire: A regulatory filing from Dominion Energy says that, given a sweeping new state law, coal plants without carbon capture and a major build-out of new gas-fired plants are not "viable." FULL STORY

Attorneys General join senators backing HFC phasedown bill

AGs representing 10 states and the District of Columbia are adding their support to a bipartisan bill phasing down climate-warming hydrofluorocarbons (HFCs). FULL STORY

Your Inside EPA trial access, and our 50% discount offer, end on Friday.

Subscribe now to ensure uninterrupted access. Contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com to subscribe or for more information.

EPA Receives Industry Request To Assess D4, As EU Considers New Rules

For the third time since Congress revised federal toxics law, EPA has received a request from chemical manufacturers to assess the risks of an existing chemical, a move that if the agency accepts, could bolster industry efforts to challenge a European Union (EU) assessment that led to limits on the use of the siloxane, known as octamethylcyclotetrasiloxane (D4). FULL STORY

EPA COVID-19 Waste Guide Emphasizes Site-Specific Decision-Making

EPA has released guidance to its regions on how to handle hazardous waste and Superfund cleanups at private sites and federal facilities in light of the novel coronavirus that has shuttered many cleanup actions, formalizing earlier policy that sites should be re-evaluated periodically to preserve protections from imminent threats while reducing risks to workers. FULL STORY

EPA Clarifies NPDES Reporting Options As Coronavirus Limits Monitoring

EPA is quietly providing additional guidance to its regions and states about how to implement the agency's enforcement discretion policy during the COVID-19 pandemic, outlining how to record the lack of Clean Water Act discharge monitoring data in an electronic database without triggering an automatic violation. FULL STORY

Virus Intensifies Industry Push Against 'Fast Track' EPA Truck NOx Plan

The coronavirus pandemic is intensifying industry calls for EPA to slow development of its proposal strengthening nitrogen oxide (NOx) limits on heavy-duty trucks, one of the agency's few measures to tighten environmental limits, underscoring the likelihood that its release might be delayed beyond an early summer goal. FULL STORY

Louisiana May Deny Open Burn Permit Renewal As EPA Backs Alternatives

Louisiana is expected to deny renewing a permit for a commercial facility to continue open-burn/open detonation (OB/OD) of hazardous waste, including military munitions, as EPA has recently been supporting shifting away from open-air burning of waste explosives in favor of less-polluting alternative treatments. FULL STORY

In case you missed it: News of the week

Our must-read stories this week include EPA maintaining its WaterSense standards, the Ozone Transport Commission eyeing mobile source emissions cuts, an adverse air policy ruling for EPA, and more. FULL STORY

EDF warns wildfires might increase severity of COVID-19 harms

Environmentalists are warning that wildfires are likely to worsen the incidence and severity of disease caused by the coronavirus pandemic, ahead of another potentially dangerous wildfire season. FULL STORY

Trump's IG changes draw bipartisan scrutiny from Congress

EPA IG Sean O'Donnell's temporary assignment to the Department of Defense is one of a series of moves that House Democrats claim represent "unjustified attacks" on the watchdogs' independence. FULL STORY

Ewire: Citing new Virginia law, Dominion drops gas plant plans

In today's Ewire: A regulatory filing from Dominion Energy says that, given a sweeping new state law, coal plants without carbon capture and a major build-out of new gas-fired plants are not "viable." FULL STORY

Attorneys General join senators backing HFC phasedown bill

AGs representing 10 states and the District of Columbia are adding their support to a bipartisan bill phasing down climate-warming hydrofluorocarbons (HFCs). FULL STORY

Your Inside EPA trial access, and our 50% discount offer, end tomorrow.

Subscribe now to ensure uninterrupted access. Contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com to subscribe or for more information.

Rejecting EPA Remedy, Federal Judge Vacates EPA's Science Advisor Policy

A federal judge has vacated and remanded the key portion of the Trump EPA's 2017 policy barring scientists receiving agency research grants from serving on its advisory panels, likely forcing the agency to drop the use of the controversial limitation as it works to fill upcoming vacancies on at least two key advisory panels. FULL STORY

Environmentalists Push To Tighten EPA Rules As BP Spill Anniversary Nears

As the 10th anniversary of the massive BP oil spill approaches, environmentalists are stepping up their efforts to get EPA to strengthen its spill response rules, calling on advocacy groups to join a new national campaign to press for regulation of chemical dispersants as it continues litigation against the agency to force action. FULL STORY

Environmentalists Query EPA's Use Of Ruling To Justify Science Rule Power

Environmentalists are questioning EPA's citation of a Supreme Court ruling issued decades ago to justify the use of an obscure federal housekeeping statute as the basis for its controversial plan limiting the use of science in policy decisions, arguing that even if it could use the law, the agency is going well beyond what the high court and Congress allowed. FULL STORY

EPA Waste Office Floats Plan To Bolster Lagging Participation In E-Manifest

EPA's waste office is seeking advice from an advisory committee on a plan to bolster lagging participation in its national hazardous waste electronic manifest (e-Manifest) system by increasing participants' ability to use electronic signatures. FULL STORY

EPA Seeks Documents For Virus Enforcement Policy But Lacks Detail

EPA's civil enforcement chief says facilities hoping to take advantage of the agency's "enforcement discretion" policy during the COVID-19 pandemic will need documentation that any violation was linked to the public-health emergency, but the required records will depend on the specific facility and incident. FULL STORY

EPA poised to finalize rollback of power plant MATS

The agency's imminent final rule will rescind the cost-benefit finding underpinning the Obama-era utility air toxics policy, and the rollback is likely to face legal challenges from environmentalists. FULL STORY

Quote-Unquote: What they're saying about . . .

. . . pandemic impacts and science in the EPA equation. FULL STORY

Democratic senators warn EPA PM decision exacerbates COVID-19 risks

The agency is rejecting Democratic senators' accusations that it is loosening air regulations, or failing to tighten them, during the coronavirus pandemic that is worsening lung health. FULL STORY

Critics file suit over DOE efficiency program rollback

The Energy Department's January rule creates an energy savings threshold that new efficiency standards must meet, though state and environmentalist critics argue the target is "unreasonably high." FULL STORY

Ewire: Former Inslee staff promotes climate plan to Democrats

In today's Ewire: Former staffers for Washington Gov. Jay Inslee (D) are pitching his detailed climate policy plans to "Democrats' top brass," one report says, including presumptive presidential nominee Joe Biden. FULL STORY

Auto rollback sees benefits from vehicles not regulated by rule

A lengthy critique notes that the final rollback itself acknowledges the policy will "kill jobs," and that the administration also finds it could impose $22 billion in net costs to society. FULL STORY

DOE, Scientists Create Method For Designing 'Climate-Resilient' Energy

The Department of Energy's Lawrence Berkeley National Laboratory (LBNL) and a global team of scientists have developed a new methodology for designing "climate-resilient" energy systems, amid uncertainty about how climate change might affect power supplies. FULL STORY

EU backing of insect protein could limit agriculture's pollution footprint

The European Union's impending vote to approve insect-based foods as safe for human consumption could boost market prospects in the United States and elsewhere for a sector that proponents say is necessary to reduce the environmental impacts of food production like energy use, water consumption and greenhouse gas emissions. FULL STORY

DOD Weighs New Policies To Manage Wider Swath Of PFAS Releases

The Defense Department (DOD) is weighing whether to develop policy that would manage cleanup and disposal of per- and polyfluoroalkyl substances (PFAS) across a range of media, including contaminated soil, stormwater runoff, biosolids and sludge, a potentially significant widening of its current focus on contaminated drinking water. FULL STORY

Senators Eye Attaching Short CFATS Extension To Third Coronavirus Bill

Senators are looking to a third coronavirus relief bill to attach a three-month extension of the Department of Homeland Security's facility safety program that is set to expire April 18, aiming to buy more negotiating time on separate legislation that would reauthorize the program but potentially also make substantive changes to it. FULL STORY

Environmentalists Sue EPA Over 'Black Box' New Chemicals Program

Environmental groups have made good on their threat to sue EPA over inadequate transparency in its new chemicals review program, charging it's a "black box" that violates requirements in the Toxic Substances Control Act (TSCA) as well as the Administrative Procedure Act (APA). FULL STORY

DOJ Leaves Door Open For Congress To Allow SEPs But Backers Doubtful

The Justice Department's (DOJ) top environment official, Jeff Clark, is leaving the door open for Congress to specifically authorize the use of popular supplemental environmental projects (SEPs) in enforcement settlements, after he banned their use earlier this month, though supporters of the projects doubt lawmakers will act soon. FULL STORY

Congress Faces Pressure To Prohibit Water Shutoffs In Coronavirus Bill

Several Democratic House lawmakers and environmentalists are calling on Congress to include provisions in developing coronavirus relief legislation that would ban water utilities from turning off water to homes during the health crisis, though one utility source says it is unclear how the government could implement a national ban. FULL STORY

TRIAL REMINDER

Thanks for trying Inside EPA. Your trial subscription will be active until April 17, 2020.

Quote-Unquote: What they're saying about . . .

. . . work at home and other signs of changing times. FULL STORY

Environmentalists cite MATS ruling to boost pulp mills air rule suit

Environmentalists claim an adverse ruling for EPA on provisions in its utility air toxics rule bolsters their suit aiming to force EPA issuance of "missing" emissions limits in pulp mill air toxics standards. FULL STORY

Ewire: DOJ official says court erred in California cap & trade case

In today's Ewire: Jeffrey Bossert Clark, who heads the Justice Department's environment division, says it would be premature to discuss exactly how the government will respond in the case. FULL STORY

South Carolina law signals hurdles for coal ash site closures

A state lawmaker's effort to block TVA's plan to send ash from a closed power plant to his district could be a sign of difficulties for other power companies with similar plans. FULL STORY

Your Inside EPA trial access ends April 17, 2020.

If you act now, you may be eligible for up to a 50% discount on the first year of your one-year subscription. Contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com to subscribe or for more information.

SACC Raises Concern Over Narrow Scope Of EPA's Draft Asbestos Analysis

EPA's science advisors are raising concerns over the narrow scope of the agency's draft evaluation of asbestos, prompting changes to the charge questions they will consider when they assess the draft during a peer review meeting later this month so they can formally discuss their concerns. FULL STORY

Environmentalists Cite COVID-19 In Preview Of EPA Ash Rule Litigation

Environmentalists at an EPA online public hearing criticized the agency's latest proposed revisions to the Obama-era coal ash disposal policy, previewing potential litigation over the plan by arguing that the proposal itself and EPA's decision to continue the regulatory process during the COVID-19 pandemic are unlawful. FULL STORY

After Rehearing Denial, EPA Urged To Quickly Apply RFS Waiver Ruling

Biofuels groups are welcoming a regional appeals court's denial of refiners' call to rehear a key ruling effectively blocking EPA from issuing renewable fuel standard (RFS) waivers to small refiners, and are urging the agency to quickly apply the ruling nationwide to stop the exemptions "destroying demand" for their fuels. FULL STORY

Setting State Model, New York Enacts New Chemical Regulatory Program

New York Gov. Andrew Cuomo (D) last week enacted a new state program governing chemicals used in children's products, which environmentalists say will help drive the market to safer substances and be a model for other states but which an industry source says is unnecessary given EPA implementation of the new federal toxics law. FULL STORY

O'Donnell's DOD Oversight Role Highlights Trump Bid To Control IGs

EPA Inspector General (IG) Sean O'Donnell's new role as acting Defense Department (DOD) IG in addition to his existing post follows President Donald Trump's firing of two national security IGs and underscores what sources say is a potential "chilling effect" on the EPA IG in political battles, including a recent fight over an air toxics report. FULL STORY

Industries Press CARB, Newsom For Regulatory Relief During COVID-19

Numerous industries are pressing California air officials and Gov. Gavin Newsom (D) for regulatory compliance relief and to pause a host of rulemakings due to the coronavirus outbreak, though they are largely meeting resistance from regulators and push-back from environmentalists and equity groups. FULL STORY

EPA promulgates CDR, reporting deadline extension

"This is a one-time extension for the 2020 submission period only," the extension rule says. FULL STORY

Quote-Unquote: What they're saying about . . .

. . . EPA's vehicle greenhouse gas rule rollback, FERC pipeline environmental reviews, and more. FULL STORY

EPA sends CWA 401 rule for OMB review

The controversial regulation would overhaul the process in which states can determine if a federally permitted project will violate state water quality standards. FULL STORY

Pressure mounts for aid to water utilities affected by COVID-19

The calls for aid to water utilities from a growing swath of diverse groups and some House Democrats come as House Speaker Nancy Pelosi (D-CA) is walking back a previous push for such aid to be imminent. FULL STORY

Ewire: EDF cites data showing huge Permian methane emissions

In today's Ewire: The Environmental Defense Fund is releasing its own monitoring data showing operations in the oil-rich Permian Basin have methane leak rates nearly three times higher than EPA data. FULL STORY

Judge slows Trump suit over California cap & trade program

A district court judge last month rejected two Justice Department (DOJ) claims that California's decision to link its program to Quebec is unconstitutional, though DOJ is mulling how to proceed with its case. FULL STORY

Economic Volatility Due To Virus Might Spur Increase In ESG Investing

Some financial experts are suggesting that the coronavirus pandemic could lead asset management businesses to significantly increase their environmental, social and governance (ESG) investing that rewards corporate efforts to assess and manage non-financial risks like climate change. FULL STORY

Study finding biomass fuel can cut CO2 could influence policy debate

New university research concludes that expanding the use of woody biomass for bioenergy will cut carbon dioxide (CO2) in the atmosphere but must be coupled with effective regulation of CO2 sequestration in forests, findings that the study authors say clarify the long-standing and intense controversy over the role of woody biomass as a climate mitigation strategy. FULL STORY

EPA Floats 13 Draft Scope Documents For Next Round Of TSCA Reviews

EPA has released for public comment the draft scoping documents for 13 of the next 20 chemicals its toxics program has begun to evaluate, marking the earliest indication of how EPA is planning to assess the second batch of existing chemicals it will assess as Congress directed in its 2016 reform of the Toxic Substances Control Act (TSCA). FULL STORY

Conservative Group Draws Fire For Shifted Stance On Vehicle GHG Rule

A conservative advocacy group is reversing its prior criticism of the Trump administration's vehicle greenhouse gas standards rollback, and is now touting the rule as a "major victory" by selectively citing cost savings while avoiding the administration's own estimates that the rule may spur up to $22 billion in net costs on the economy. FULL STORY

EPA Fights Refiner Push For High Court To Review RFS Compliance 'Point'

EPA is fighting refiners' bid for the Supreme Court to review EPA's renewable fuel standard (RFS) compliance mechanism, arguing that a 2017 rulemaking, upheld by a federal appeals court, satisfies the agency's Clean Air Act duty to consider which entities must demonstrate compliance with the RFS' mandates for biofuel blending. FULL STORY

OTC Weighs Options For Mobile Source Air Cuts To Attain Ozone NAAQS

The Ozone Transport Commission (OTC) of Northeast and Mid-Atlantic states is increasingly looking to options for reducing ozone-forming mobile sources such as cars and trucks as long-term options for driving down stubbornly high levels of the pollutant that are preventing them from attaining EPA's ozone ambient air standards. FULL STORY

EPA announces deputy general counsel, other top officials

The agency has hired officials for top positions including a former ethanol industry lobbyist as the deputy general counsel and a Senate GOP staffer for its congressional relations office. FULL STORY

EPA delays deadline on ash permit rule comments

The one-month extension falls short of environmental groups' request to lengthen the comment periods on two pending rules by 120 days, and avoids mention of the COVID-19 pandemic. FULL STORY

Ewire: Pelosi slows push to aid clean energy in virus bill

In today's Ewire: The House speaker is suggesting that Congress should "double down" on its most recent bill to respond to the coronavirus, though President Trump is seeking help for the oil sector. FULL STORY

Nuclear waste deregulatory plan draws fire

Environmentalists are blasting a Nuclear Regulatory Commission proposal to relax requirements on where low-level radioactive waste can be sent for disposal. FULL STORY

Eyeing Investor Demand, Oil Groups Tout Sustainability Reporting Guide

Oil and gas industry groups have released a new version of their long-standing guidance to individual companies on reporting their environmental, social and governance (ESG) sustainability efforts, partly in response to what they say are major new ESG demands from banks, shareholders and investment firms. FULL STORY

Businesses call for urgent 'net positive' freshwater impacts by 2050

As water scarcity issues become increasingly urgent, a coalition of major U.S. and global corporations is urging businesses to sign a pledge to preserve freshwater and achieve "net positive water impacts" by 2050 by making strategic changes to their supply chains. FULL STORY

SACC Raises Concern Over Narrow Scope Of EPA's Draft Asbestos Analysis

EPA's science advisors are raising concerns over the narrow scope of the agency's draft evaluation of asbestos, prompting changes to the charge questions they will consider when they assess the draft during a peer review meeting later this month so they can formally discuss their concerns. FULL STORY

Environmentalists Cite COVID-19 In Preview Of EPA Ash Rule Litigation

Environmentalists at an EPA online public hearing criticized the agency's latest proposed revisions to the Obama-era coal ash disposal policy, previewing potential litigation over the plan by arguing that the proposal itself and EPA's decision to continue the regulatory process during the COVID-19 pandemic are unlawful. FULL STORY

After Rehearing Denial, EPA Urged To Quickly Apply RFS Waiver Ruling

Biofuels groups are welcoming a regional appeals court's denial of refiners' call to rehear a key ruling effectively blocking EPA from issuing renewable fuel standard (RFS) waivers to small refiners, and are urging the agency to quickly apply the ruling nationwide to stop the exemptions "destroying demand" for their fuels. FULL STORY

Setting State Model, New York Enacts New Chemical Regulatory Program

New York Gov. Andrew Cuomo (D) last week enacted a new state program governing chemicals used in children's products, which environmentalists say will help drive the market to safer substances and be a model for other states but which an industry source says is unnecessary given EPA implementation of the new federal toxics law. FULL STORY

O'Donnell's DOD Oversight Role Highlights Trump Bid To Control IGs

EPA Inspector General (IG) Sean O'Donnell's new role as acting Defense Department (DOD) IG in addition to his existing post follows President Donald Trump's firing of two national security IGs and underscores what sources say is a potential "chilling effect" on the EPA IG in political battles, including a recent fight over an air toxics report. FULL STORY

Industries Press CARB, Newsom For Regulatory Relief During COVID-19

Numerous industries are pressing California air officials and Gov. Gavin Newsom (D) for regulatory compliance relief and to pause a host of rulemakings due to the coronavirus outbreak, though they are largely meeting resistance from regulators and push-back from environmentalists and equity groups. FULL STORY

EPA promulgates CDR, reporting deadline extension

"This is a one-time extension for the 2020 submission period only," the extension rule says. FULL STORY

Quote-Unquote: What they're saying about . . .

. . . EPA's vehicle greenhouse gas rule rollback, FERC pipeline environmental reviews, and more. FULL STORY

EPA sends CWA 401 rule for OMB review

The controversial regulation would overhaul the process in which states can determine if a federally permitted project will violate state water quality standards. FULL STORY

Pressure mounts for aid to water utilities affected by COVID-19

The calls for aid to water utilities from a growing swath of diverse groups and some House Democrats come as House Speaker Nancy Pelosi (D-CA) is walking back a previous push for such aid to be imminent. FULL STORY

Ewire: EDF cites data showing huge Permian methane emissions

In today's Ewire: The Environmental Defense Fund is releasing its own monitoring data showing operations in the oil-rich Permian Basin have methane leak rates nearly three times higher than EPA data. FULL STORY

Judge slows Trump suit over California cap & trade program

A district court judge last month rejected two Justice Department (DOJ) claims that California's decision to link its program to Quebec is unconstitutional, though DOJ is mulling how to proceed with its case. FULL STORY

Economic Volatility Due To Virus Might Spur Increase In ESG Investing

Some financial experts are suggesting that the coronavirus pandemic could lead asset management businesses to significantly increase their environmental, social and governance (ESG) investing that rewards corporate efforts to assess and manage non-financial risks like climate change. FULL STORY

Study finding biomass fuel can cut CO2 could influence policy debate

New university research concludes that expanding the use of woody biomass for bioenergy will cut carbon dioxide (CO2) in the atmosphere but must be coupled with effective regulation of CO2 sequestration in forests, findings that the study authors say clarify the long-standing and intense controversy over the role of woody biomass as a climate mitigation strategy. FULL STORY

In Latest EPA Loss, 1st Circuit Finds Science Advisor Policy Unlawful

A federal appellate court has found that EPA's controversial policy barring agency grant recipients from serving as EPA science advisors is unlawful because it skewed representation on the panels toward state and industry representatives, the second court defeat for the controversial policy in the past few weeks. FULL STORY

Groups Say Coronavirus Highlights Need For Climate Adaptation, GHG Cuts

Environmental groups and analysts that support more ambitious steps to address climate change are urging the federal government's response to the coronavirus pandemic to include a broad shift to clean energy, while noting that the public health crisis is underscoring the importance of preparing for climate-related disasters like extreme weather. FULL STORY

Environmentalists Seek 'Immediate' EPA Action On TCE Ahead Of Review

As science advisors prepare to review EPA's draft evaluation of the common solvent trichloroethylene (TCE), environmentalists and former officials are urging the agency to take "immediate action" to address any "imminent and serious" acute risks while also calling for the draft to be strengthened so the substance can be banned going forward. FULL STORY

Environmentalists Urge Court To Keep Slaughterhouse ELG Challenge Alive

Environmentalists are trying to convince a federal appeals court that it can consider whether EPA has unlawfully failed to update technology-based effluent limits for meat and poultry slaughterhouses, disputing agency assertions that no final action under the Clean Water Act (CWA) has occurred that the court can review. FULL STORY

Coronavirus response bill prompts clash over environmental priorities

Senate Republicans charge that Democrats are blocking up a coronavirus economic response bill "unless they get to dust off the Green New Deal." FULL STORY

States urge 9th Circuit to reject EPA landfill methane plan delay

States and environmental groups are charging that EPA's August 2019 rule delaying deadlines in an Obama-era landfill methane rule should not override a prior court order requiring it to implement the standards. FULL STORY

Ewire: EPA reportedly won't appeal ruling limiting RFS waivers

In today's Ewire: The agency has reversed course, again, on whether to challenge an appellate ruling that would significantly hamper small refiner compliance waivers under the renewable fuel standard. FULL STORY

FERC approves Oregon LNG export terminal

Federal energy regulators' approval of the Jordan Cove LNG terminal is conditioned on the developer securing the state permits it needs to proceed, and Oregon has objected to the project. FULL STORY

Clean energy advocates urge funding support as COVID-19 spreads

Major clean energy groups and the Sierra Club are urging Congress to quickly approve renewable energy tax credits and consider protections for the sector in pending coronavirus economic stimulus legislation, saying the pandemic poses major risks to the clean energy industry. FULL STORY

Air Pollution Cuts Due To COVID-19 Might Ease States' NAAQS Attainment

Massive cuts in air pollution as a result of sweeping restrictions on travel and economic activity during the COVID-19 pandemic might temporarily ease states' attempts to attain federal ambient air limits, Northeastern air officials say, but there are also serious doubts about the legitimacy of air quality readings gathered during the virus crisis. FULL STORY

Researchers Weigh Health Effects Of Sudden COVID-19 Emissions Cuts

Air quality researchers are weighing how to assess health effects of sudden and steep drops in air pollution in countries around the world as a result of economic slowdowns caused by the COVID-19 pandemic, although one researcher says such a "natural experiment" might have limitations because of the unusual nature of the crisis. FULL STORY

Pelosi Seeks Water Infrastructure In Next Virus Bill But Form Is Unclear

House Speaker Nancy Pelosi (D-CA) says she wants to include assistance for the water sector in the next round of coronavirus legislation, though utility sources say it remains unclear whether that assistance will include increasing EPA infrastructure programs or other measures, especially given a focus on crafting a bipartisan bill. FULL STORY

OIG Issues 'Urgent' Call For EPA To Warn Communities Of EtO Risks

EPA's Office of Inspector General (OIG) has issued an "urgent" notice calling on the agency to notify residents near 16 facilities that emit ethylene oxide (EtO), mostly in Texas and Louisiana, that they face significant cancer risks from the chemical, but EPA officials say they plan to do so only after more analysis of the potential threat. FULL STORY

EPA, DOT Vehicle GHG Rollback Cites Up To $22 Billion In Net Costs

EPA and the Department of Transportation's (DOT) just-issued rollback of vehicle greenhouse gas and fuel economy standards acknowledges that the policy could impose up to $22 billion in net costs to society, a finding that critics are pouncing on as an indication of the rule's legal vulnerability. FULL STORY

Critics Float Legal Claims Over Auto GHG Rule But Stay Remains Wild Card

California officials and legal experts are floating several legal arguments they might use to challenge the Trump administration's rollback of vehicle greenhouse gas standards, but some sources say critics might hesitate to ask a federal appellate court to stay the implementation of the new rules because of coronavirus-related effects on the auto sector. FULL STORY

TRIAL REMINDER

We hope you''re enjoying your trial to Inside EPA. Your trial subscription will be active until April 17, 2020. If you''re ready to subscribe please contact Steve Reilly at 703-562-8992 or sreilly@iwpnews.com.

Quoted: Early reaction to final auto GHG rollback

Opponents of the rollback argue it will cost drivers more at the pump at dramatically hike carbon emissions, while supporters charge that the Obama-era requirements were unachievable and boosted cars' sticker prices. FULL STORY

EPA finds 'steady decline' in use of mercury products

There is no "indication of imports or exports of elemental mercury into or out of the United States during the reporting year," EPA says in a statement. FULL STORY

For now, CSB has a quorum after Senate confirms nominee

Katherine Lemos' confirmation means the five-member board has a quorum to investigate chemical accidents at least until the board's other member's term expires in August. FULL STORY

Ewire: EPA, DOT release final auto GHG rollback

In today's Ewire: The long-awaited regulation takes a swing at one of the Obama administration's largest efforts to curb carbon pollution that is causing climate change. FULL STORY

EPA selects new OPPT director from DOE

Yvette Collazo assumed the OPPT director's role March 29, replacing Jeff Morris, who retired. FULL STORY

COVID-19 could pose tests for institutions' climate readiness

Finance analytics officials say government and industry responses to the ongoing COVID-19 pandemic represents a trial run for whether institutions will respond to future impacts of climate change with necessary "sweeping policy changes." FULL STORY