Thursday, April 17, 2014
Featured Story

Key Court Urges Congress To Limit CERCLA's Pre-Enforcement Review Bar

A key federal appeals court is questioning the administration's stance that provisions in the federal Superfund law allow for an open-ended delay in remedial actions and related judicial review of cleanup decisions and is recommending that Congress consider clarifying the law to narrow the prohibition on judicial review.
Related Story: D.C. Circuit Doubts PRP's Standing In Suit Over High-Profile NPL Site Listing

Climate Policy Watch

EPA Said To Float Broad Range Of Options In Draft Power Plant GHG Rule

EPA's proposal to limit greenhouse gas (GHG) emissions from the existing power fleet, currently undergoing White House review, is said to seek comment on an extremely wide range of options including many "beyond-the-fence" measures, such as energy efficiency, that many critics oppose, multiple sources familiar with the draft say.
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The Insider

Budget Diversion For Combustion Policies

EPA plans to increase its budget for implementing a hazardous waste electronic manifest system will divert funds from several other key rulemakings.

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The Week Ahead

EPA Poised To Issue Cooling Water Rule; Supreme Court Weighs Petition In MTBE Case

EPA is poised to complete its long-awaited rule governing cooling water intake structures at power plants and other industrial facilities. The Supreme Court later this week will meet to decide whether to hear ExxonMobil's case arguing that the Clean Air Act should preempt a landmark methyl tertiary butyl ether water contamination suit.

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Outlook 2014
Outlook 2014

Outlook 2014 is now available as a PDF document.

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Federal Facilities Watch

EPA Orders Army To Clean Up Abandoned Munitions

EPA has issued a rare unilateral imminent and substantial endangerment order under federal waste law, asserting its cleanup authority to force the Army to clean up munitions left abandoned by a contractor it had hired to dispose of millions of pounds of munitions.

EPA Eyes Drilling Methane Controls But Sees Limits For Oil Well Regulation

EPA is floating draft white papers that suggest first-time controls on methane emissions from several aspects of the oil and gas sector -- including liquids unloading and compressors -- could be workable, but it is reiterating major hurdles to requiring controls on oil wells and those that "co-produce" both oil and natural gas.

Utilities Seek Flexible Climate NSPS At First OMB External Meeting On Rule

White House Office of Management & Budget (OMB) officials April 15 held the first of what are likely to be many meetings with external stakeholders on EPA's pending climate new source performance standards (NSPS) for existing utilities, hearing from power companies that are seeking a flexible, state-led greenhouse gas (GHG) utility rule.

EPA, FDA Ready First-Time Advice On Minimum Fish Consumption Rates

A long-awaited joint advisory from EPA and the Food and Drug Administration (FDA) is expected to include not only the maximum amount of fish that women of child-bearing age should consume to avoid harm from mercury exposure but also a first-time minimum to gain the health benefits of the lean protein source.

Biomass Sector Criticizes Advocates' Push For Stricter EPA Air Permitting

GAO Report On Limited NEPA Analysis Data Renews Debate Over Reform Bid

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The Inside Story

EPA Delays Cooling Water Rule To May 16

EPA will not finish its long-awaited rule governing cooling water intakes at power plants and other industrial facilities by a court-mandated April 17 deadline, according to a Department of Justice (DOJ) letter that says the . . .

EPA Vows To Improve Refinery Enforcement Oversight

EPA is vowing to improve its oversight of Clean Air Act consent decrees that require petroleum refineries to cut emissions in order to resolve alleged air law violations, following an Inspector General (IG) report finding . . .

AFPM's Drevna Says RFS Bill Unlikely In 2014

Charles Drevna, president of the American Fuel & Petrochemical Manufacturers (AFPM), is downplaying prospects for Congress moving legislation this year to either repeal or reform EPA's embattled renewable fuel standard (RFS), and instead says repeal . . .

EPA Urged To Keep Livestock Methane Rules Voluntary

Senate Republicans are concerned that EPA and other agencies may soon target livestock methane emissions under the administration's recently unveiled strategy, and are asking the agencies to "commit in writing" that it will not pursue . . .

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