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Air

EPA Maintains Strict Policy On Illegal Vehicle Emissions ‘Defeat Devices’

EPA in a new legal filing is maintaining a strict policy that says companies selling equipment for modifying street-legal vehicles’ emissions controls systems are violating the Clean Air Act, arguing that producers of such “defeat devices” cannot justify their actions by claiming their parts will be used for off-road racing only.

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Judges Doubt Suit Claiming Illegal EPA Approval Of California Border SIP

Federal appeals court judges at March 8 oral argument appeared skeptical of environmentalists’ suit claiming that EPA illegally approved the Clean Air Act (CAA) compliance plan for a California county that borders Mexico by not assuming a potentially significant increase in future emissions from sources within the county such as agriculture.

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EPA opposes separating ESA claims from PM NAAQS litigation

The agency is opposing environmentalists’ request to split their endangered species challenge to federal particulate matter ambient air standards from consolidated litigation over the same limits.

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Senate COVID-19 bill includes air, water funding assistance

Water utilities and Sen. Tom Carper (D-DE) are pointing to the bill’s assistance for low-income water customers and for low-income and minority communities with high levels of air pollution.

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New York Plans PFOA Air Limits But Environmentalists Resist Incineration

New York is moving to impose emissions limits on perfluorooctanoic acid (PFOA), the oldest known chemical among thousands of per- and polyfluoroalkyl substances (PFAS), that would apply when companies incinerate the substances to destroy them, but environmentalists oppose incineration and say the limits should be much stricter.

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Republicans Reprise CPP Attacks To Push Back On Biden Climate Plans

A federal appellate court may have refused to reinstate the Obama-era Clean Power Plan (CPP), but Republican officials are increasingly reprising their criticisms of the power sector greenhouse gas rule in an effort to push back on the Biden administration’s early efforts to reduce carbon emissions from the sector and other industries.

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EPA Opens Door To Novel CO2 NAAQS After Withdrawing Petition Denial

The Biden EPA has withdrawn the Trump administration’s 11th-hour denial of a Clean Air Act petition asking the agency to set a first-time national ambient air quality standard (NAAQS) for carbon dioxide, opening the door reconsidering the request and potentially setting a landmark air standard for the greenhouse gas.

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Environmentalists Push For Multipollutant Rules To Spur Truck ZEVs

As EPA weighs “multipollutant” rules limiting greenhouse gases and conventional pollution from medium- and heavy-duty trucks, environmentalists are ramping up calls for the agency to adopt such measures in an effort aimed at ensuring that 100 percent of new truck sales are zero emissions vehicles (ZEVs) by 2040.

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D.C. Circuit issues mandate effectively scrapping CPP

The U.S. Court of Appeals for the District of Columbia Circuit is formally granting EPA’s request to effectively scrap the Obama-era Clean Power Plan utility greenhouse gas rule while it crafts a new GHG policy.

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D.C. Circuit Rejects New Jersey’s Suit Over EPA NSR Recordkeeping Rule

The U.S. Court of Appeals for the District of Columbia Circuit is rejecting New Jersey’s challenge to a years-old EPA rule limiting facilities’ Clean Air Act new source review (NSR) recordkeeping and reporting requirements, saying the agency was justified in setting a minimum threshold of emissions below which no reporting is required.

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