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Waste

Amid Court Losses, OMB Begins Review Of EPA Plan To Ease Utility ELG

The White House regulatory office has begun reviewing EPA’s draft proposal to ease aspects of the Obama EPA’s Clean Water Act (CWA) power plant effluent rule, though the plan’s rationale may be undercut by a series of court losses the agency has suffered over the effluent rule and a related waste rule governing coal ash.

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Industry Fears Broad Adverse Effect If EPA’s Vapor NPL Listing Upheld

Major industry groups are urging an appeals court to vacate an EPA Superfund site listing based solely on the presence of toxic vapor intrusion, charging the precedent-setting listing could drive not only costlier cleanups and more listings but also strengthen other decisions, such as risk assessments and land use evaluations when setting cleanup remedies.

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EPA Drops Key NSR Suit To Avoid Adverse Precedent On Injunctive Relief

EPA and the Sierra Club have dropped their long-running suit against Texas utility Luminant for violations of new source review (NSR) permitting requirements in an effort to avoid a broad adverse precedent that could hamstring future actions to seek injunctive relief for past violations under multiple statutes across a wide swath of the country.

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Officials Strongly Criticize Limited GHG Review In Draft CEQ NEPA Guide

Current and former government officials are strongly criticizing a draft guidance crafted by the White House Council on Environmental Quality (CEQ) that instruct agencies to limit the scope of how they consider greenhouse gas emissions and climate impacts when conducting National Environmental Policy Act (NEPA) reviews.

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Former Officials Criticize Limited GHG Review In Draft CEQ NEPA Guide

Current and former government officials are strongly criticizing a draft guidance crafted by the White House Council on Environmental Quality (CEQ) that instruct agencies to limit the scope of how they consider greenhouse gas emissions and climate impacts when conducting National Environmental Policy Act (NEPA) reviews.

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EPA Eyes ‘Least Restrictive’ State Ash Limit, Sparking ‘Race To Bottom’ Fear

Parts of EPA’s recent proposal to rework Resource Conservation & Recovery Act (RCRA) limits on coal ash reuse are based on “the least restrictive state requirement” rather than fresh analysis of risk data, in a move that sources say could spur a “race to the bottom” among states looking to adopt more lenient standards.

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Water Utilities Ask Congress For CERCLA Exemption For PFAS Residuals

As lawmakers gear up to resolve differences in their pending defense bills to address per- and polyfluoroalkyl substances (PFAS), water utility groups are, for the first time, detailing joint principles, including asking for a liability exemption for PFAS-containing residuals if the bill requires EPA to designate the chemicals as “hazardous substances” under the Superfund law.

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New Mexico Urges EPA To Bring Rare PFAS Enforcement Action At Bases

New Mexico officials are urging EPA to bring rare administrative and judicial enforcement actions against the Air Force over per- and polyfluoroalkyl substances (PFAS) in light of the agency’s previous commitments, the latest front in states’ efforts to get regulators to address the contamination, though federal officials are rejecting their calls.

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EPA Readies Deadline Extension For Ash Site Closure In Response To Court

EPA has sent for White House review the first of at least two rulemakings to revise Obama-era coal ash disposal standards in response to a 2018 court ruling that the policy was too weak, but the pending proposal will put off addressing the court mandate to regulate unlined and “legacy” ash sites in favor of a deadline extension and other issues.

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Awaiting EPA, California Plans Revisions To Draft Solar Panel Waste Rules

California toxics department officials are planning to make further changes to their controversial draft proposal to establish first-time universal waste (UW) rules for the disposal of solar photovoltaic (PV) panels, based on extensive written comments filed recently by numerous entities that manufacture, install, manage and recycle the panels.

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