Sunday, May 19, 2013
Daily News
05-09-2013

EPA Proposes Weaker Methanol Risk Estimates In Latest Draft IRIS Analysis

EPA in a new draft Integrated Risk Information System (IRIS) assessment is weakening its non-cancer risk estimates for methanol from what the agency proposed in a 2011 draft, following concerns from many peer reviewers who considered the earlier draft estimates overly stringent.

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States Split On Push For EPA To Set Methane Limit For Oil And Gas Sector

Officials from several energy-producing states are seeking to block EPA from launching talks with a group of Eastern attorneys general who have threatened to sue the agency for failing to impose first-time limits on the greenhouse gas (GHG) methane from new and existing drilling operations.

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05-08-2013

Advisors See Limits In Pending EPA Fracking Study, Echoing Industry

EPA advisors are raising concerns that data and other limitations could prevent the agency from using its pending study on the possible effects of hydraulic fracturing on drinking water from drawing conclusions on the practice’s safety, echoing statements from industry groups who say the study may not be adequate to justify future regulatory policies.

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BLM Plans To Review Fracking Assessment Policy During Lease Sale Delay

Officials with the Bureau of Land Management (BLM) in California are planning to use their recently announced moratorium on new energy leasing in the state to review their methods for assessing hydraulic fracturing's environmental impacts, after a federal court recently faulted their assessment practices and blocked a prior lease sale.

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EPA Floats Options To Meet D.C. Circuit's Test For Next Interstate Air Plan

EPA is floating at least three options for how it could approach a future interstate air pollution plan and ensure it complies with a restrictive U.S. Court of Appeals for the District of Columbia Circuit ruling that scrapped the agency's most recent air transport rule and created new limits on how EPA can impose an interstate air policy on states.

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EPA Exploring Concerns Over Inadvertent Tenant Liability At Brownfields

A high-level EPA Region II official has promised to investigate the potential impact of wording in a new EPA tenant liability relief policy that could inadvertently pose liability for tenants at brownfields, after attorneys at a recent legal forum raised concerns.

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EPA Official Offers Flexibility To Allow Cost Recovery Options For PRPs

EPA Region II is open to issuing so-called "friendly" unilateral administrative orders (UAOs) against potentially responsible parties (PRPs) willing to perform cleanups, responding to PRPs' interest in preserving their ability to file Superfund section 107 cost recovery claims against third parties also responsible for a contaminated site, a Region II Superfund official told a recent legal forum.

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EPA's 'Sandy' Memo Sets Model On Infrastructure Resiliency Project Funding

EPA is outlining the types of wastewater and drinking water infrastructure projects in New York and New Jersey eligible for funding in the wake of Hurricane Sandy in order to increase water utilities' resiliency to extreme weather events, with the agency saying the projects are intended to serve as a model for responding to future disasters.

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05-07-2013

Judges Back EPA's GHG Permit Regime But Grapple With Texas Takeover

A panel of federal appellate judges appears likely to back EPA's efforts to force states to create a permitting regime for greenhouse gases (GHGs), but during May 7 oral arguments the agency appeared to be on shakier ground in a separate but related case on whether it acted lawfully when it imposed a federal GHG permitting regime on Texas.

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Facing Hurdles, Backers Step Up Push To Maintain SRF Funds In FY14

Congressional and other supporters of EPA's water infrastructure loan programs are urging appropriators to maintain level funding for the programs in fiscal year 2014, and prevent rescissions of unobligated funds, after EPA proposed cutting the funds and a key appropriator downplayed the relative benefits of the funding increase being sought.

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Key Lawmakers Seek FY14 Funds For EPA To Pilot Integrated Water Plan

Pushed by wastewater industry groups, key House lawmakers are urging appropriators to earmark $5 million in EPA's fiscal year 2014 budget for a series of pilot projects to test the agency's policy for integrating wastewater and stormwater infrastructure planning, though supporters of the pilot are pessimistic given the austere budget climate.

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Mayors Reject EPA Plan For Variable Water Rates As 'Non Starter'

Mayors are strongly rejecting EPA's suggestion that utilities consider variable water rates -- where higher income households bear a greater burden than lower income households -- as an alternative to the agency's current policy for determining cities' capability to afford sewer upgrades, which uses a uniform measure of household income.

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Industry Urges EPA To Revise Method For Identifying 'Nanosilver' Pesticides

An industry group is urging EPA to adopt a new method for classifying nanosilver pesticides for possible enhanced assessment and launch a new call for relevant industry data, steps they hope EPA will include in a long-awaited work plan it is developing to guide its work to distinguish silver from nanosilver and assess the two materials' relative risks.

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Democrats Say EPA Rejection Of Coal Mine GHG Rule Violates Air Act Duties

Key Democratic lawmakers are charging that EPA violated its Clean Air Act obligations when it rejected environmentalists' petition for a first-time greenhouse gas (GHG) rule for coal mines due to budget constraints, hinting at a legal argument that environmentalists could make should they file suit over the agency's decision.

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05-06-2013

Refiners Split Over API's Claims Of Major Costs From EPA 'Tier III' Fuel Rule

A split is emerging within the refining industry over the American Petroleum Institute's (API) claims of massive costs in meeting EPA's “Tier III” fuel rule that could add up to 9 cents per gallon to gas prices, with some refiners saying the actual costs will be much lower -- potentially undermining API's bid to block the rule.

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Oil Sector Claims EPA Procedural Flaws To Challenge 'Tier III' Fuel Rule

The American Petroleum Institute (API) is faulting EPA for “pursuing a flawed process” in developing its proposed “Tier III” fuel and vehicle air rule, citing a host of procedural flaws that could give API another way to challenge the final version of the rule in addition to its existing claims that EPA lacks a scientific justification for the policy.

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EPA Drops Controversial Platinum Assessment Due To Fuel Additive Delisting

In the face of strong industry opposition, EPA has ceased work on its controversial assessment of the risks posed by halogenated platinum salts (HPS), a move that was due in part to the agency dropping the substance from the list of registered diesel fuel additives as the product had not entered the commercial market.

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High Court To Consider Case Granting 'Extreme Deference' To EPA Permits

Supreme Court justices are set to consider at their May 9 conference whether the court will hear a Massachusetts wastewater treatment plant's petition to overturn an appellate court's ruling that granted EPA "extreme deference" when it sets Clean Water Act (CWA) permit limits to meet narrative water quality criteria.

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Whatever Administration Decides, Keystone Suits Face High Legal Bar

Opponents and supporters of the Keystone XL tar sands pipeline are predicting steep procedural hurdles to challenge the Obama administration's final decision on the proposed cross-border leg of the pipeline -- regardless of whether the administration approves or denies the project.

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Parties Urge Courts To Weigh Competing Rulings In Keystone Permit Suit

Environmentalists and Justice Department (DOJ) attorneys are urging courts presiding over challenges to a Clean Water Act (CWA) permit authorizing construction of the southern leg of the Keystone XL pipeline to consider recent rulings that provide competing legal guidance on the stringency of reviews regulators must conduct before granting the streamlined permits.

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