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From Inside TSCA

EPA’s TSCA office is preparing for “imminent” release of a fourth PFAS testing order as part of its strategy for gathering data on the chemicals, while officials wrestle with how to broaden the program’s scope, an EPA toxics official told the agency’s recent closed-door “workshop” on ways to bolster the lagging testing program.

The U.S. Court of Appeals for the 10th Circuit is detailing its view that EPA’s disapproval of states’ “good neighbor” air plans is “nationally applicable” and must be litigated in the D.C. Circuit, rejecting other courts’ reasoning and deepening a circuit split as the Supreme Court considers staying EPA’s broader interstate air policy.

The White House Office of Management & Budget (OMB) is finalizing new guidance about how to weigh federal regulations’ effects on ecosystem services, defined as “contributions to human welfare from the environment or ecosystems,” with observers saying the guide will make EPA and other agencies less likely to overlook important benefits of rules.

From Inside PFAS Policy

EPA held a three-day private meeting earlier this month with industry representatives, state officials and other stakeholders in an apparent effort to gather input on potential changes to several aspects of its PFAS strategy, in particular a testing program that has initiated studies on just three chemicals since 2021 -- far slower than the agency’s original timeline.

Environmentalists are urging a federal appeals court to vacate and remand EPA’s denial of their 2017 petition seeking revised effluent limits for concentrated animal feeding operations (CAFO), charging that the agency’s denial as well as its refusal to revisit its agricultural stormwater exemption violates the Clean Water Act (CWA) and is arbitrary and capricious.

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