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Natural Gas

States Hope Revised Senate Bill Preserves Powers Under CWA Section 401

STOWE, VT -- Oklahoma's top regulator says state officials are hoping Senate Republicans revise their bill limiting states' authority under Clean Water Act (CWA) section 401, seeking to ensure that it preserves current state authority to consider impacts of “activities” related to a project rather than simply “discharges.”

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EAB Judges Wrestle With Mandating Battery Storage As Gas Utility BACT

EPA Environmental Appeals Board (EAB) judges at Aug. 30 oral argument wrestled with the extent to which the Clean Air Act requires permit applicants to apply novel emissions controls to satisfy best available control technology (BACT) mandates, with environmentalists seeking to establish battery power storage as BACT for a gas-fired power plant.

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States Highlight Concerns Over Produced Water As EPA Launches Study

STOWE, VT -- State regulators are highlighting uncertainties surrounding reuse of “produced” wastewater from oil and gas drilling, including difficulties accurately assessing its contents, variability in samples, and liability issues, as EPA embarks on a “holistic study” of how federal, state and industry officials regulate or manage the reuse that is already occurring in some states.

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EPA Again Seeks To Overhaul NSR Test But Still Faces Legal Doubts

EPA's proposal to ease the emissions test for triggering new source review (NSR) requirements to install modern pollution controls as part of its power sector climate rule, is reviving a decades-old fight and putting EPA on the opposite side of the issue when it was last litigated early in the Bush administration.

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EPA's Wehrum Opposed Easing NSR 'Test' Before Backing It In ACE Rule

EPA air chief William Wehrum once opposed adopting an eased emissions test for triggering Clean Air Act new source review (NSR) permitting requirements that his office is now proposing to adopt for coal-fired power plants as part of its narrow replacement for Obama-era utility greenhouse gas standards.

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EAB Poised To Hear Case Testing Utility Battery Use As BACT Air Control

EPA's Environmental Appeals Board (EAB) is poised to hear oral argument Aug. 30 in environmentalists' challenge to an agency-issued Clean Air Act permit that they claim wrongly rejected battery storage as an effective option to satisfy the best available control technology (BACT) standard for reducing emissions at a natural gas-powered power plant.

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CPP critics, EPA urge D.C. Circuit to keep litigation on hold

EPA and those that challenged the Obama-era Clean Power Plan (CPP) are responding to written remarks from three D.C. Circuit judges suggesting they might seek to remand the CPP back to EPA.

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4th Circuit denies stay of Atlantic Coast Pipeline permit

The U.S. Court of Appeals for the 4th Circuit finds the record does not support environmentalists' arguments and notes the permit is already stayed administratively.

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ACE Rule's 'Fenceline' GHG Policy Could Limit Future President's Options

Legal experts say the Trump EPA's “Affordable Clean Energy” (ACE) proposal targeting greenhouse gases from existing power plants appears designed to block a future administration from pursuing broader GHG controls, because it all but says the Clean Air Act restricts such standards to those “within the fenceline” of the plant.

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Coal-Heavy States Cheer Trump EPA's GHG Plan But Others Remain Quiet

State officials in coal-producing regions were quick to laud the Trump EPA's proposal to replace the Obama-era Clean Power Plan (CPP) utility greenhouse standards with a much narrower rule, arguing it gives them flexibility to continue using their home-grown energy resources.

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