Public Content - EPA

Former EPA Official’s NEPA ‘Reboot’ Embraces AI, Clean Air Act Revisions

Former Biden EPA official Marc Levitt is calling for a “reboot” of the National Environmental Policy Act (NEPA) that includes embracing the use of artificial intelligence (AI) and other technologies to speed permitting decisions and revising the Clean Air Act’s (CAA) review requirements to “improve accountability and transparency.” “Rebooting NEPA means returning the law to its originally intended purpose: as a tool for environmentally-informed infrastructure planning, and for public engagement,” writes Breakthrough Institute director of environmental regulatory reform Levitt in...

White House Clears Proposal Expected To Ease PFAS Reporting Burdens

The White House has completed its interagency review of EPA’s proposed rule that is expected to scale back reporting on PFAS-containing products, potentially easing the burden on manufacturers by introducing exemptions for certain uses that would decrease overall reporting costs. The White House Office of Management and Budget (OMB) cleared the proposed rule, “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation,” on Oct. 24, after it was submitted Aug...

Former Officials Doubt EPA Can Preserve Preemption Without GHG Finding

Two former Biden administration officials are asserting that courts will not allow EPA to simultaneously argue it lacks a legal basis to regulate greenhouse gases, but that the Clean Air Act would still preempt both common law climate suits and state vehicle emissions programs. The critiques underscore a debate over whether EPA’s high-stakes push to undo its GHG endangerment finding and related vehicle GHG rules could open new paths to advancing climate nuisance claims and state vehicle emissions limits --...

Former Officials Doubt EPA Can Preserve Preemption Without GHG Finding

Two former Biden administration officials are asserting that courts will not allow EPA to simultaneously argue it lacks a legal basis to regulate greenhouse gases, but that the Clean Air Act would still preempt both common law climate suits and state vehicle emissions programs. The critiques underscore a debate over whether EPA’s high-stakes push to undo its GHG endangerment finding and related vehicle GHG rules could open new paths to advancing climate nuisance claims and state vehicle emissions limits --...

PFAS Face Uncertain Prospects In EPA Plan To Prioritize AI Chemical Reviews

Despite the Trump EPA’s announcement that it would prioritize TSCA reviews for new chemicals related to artificial intelligence (AI) and data center projects, questions remain about whether more PFAS, particularly fluoropolymers that are often used in semiconductor production, would benefit from the new prioritization. “What we don’t know is what new chemicals there are,” Lenny Siegel, a member of CHIPS Communities United, a coalition of unions, environmentalists and community groups seeking a responsible and equitable semiconductor industry, told Inside PFAS...

Google’s Gas Plant With CCS Offers ‘Milestone,’ Amid Federal Uncertainty

Technology giant Google is inking a major power purchase agreement with a planned natural gas power plant paired with carbon capture and storage (CCS), a move that observers say could be a key milestone for the technology amid waning federal support. Google in an Oct. 23 announcement says it is “excited to announce a first-of-its kind corporate agreement to support a gas power plant with CCS.” The company says it will buy most of the electricity generated by Broadwing Energy,...

Louisiana’s Pause On New CCS Permits May Signal Hurdles For Other States

Louisiana officials are halting review of new carbon storage permits to focus on those already in the queue, amid a flood of permit requests and local community pushback -- in a move that one observer says should serve as a warning to other states seeking primacy from EPA to issue such Class VI permits for carbon capture and storage (CCS) projects. “All of the dialogue has been . . . ‘primacy is going to mean we’re going to get faster...

Absent Federal Policy, Key Democrat Sees Ongoing State PFAS Patchwork

Despite significant industry concerns, the state patchwork of regulations tackling PFAS contamination from consumer products is “going to be the defining feature of PFAS regulation over the next decade,” a key House Democrat says, especially given slim prospects for a unified federal approach from EPA or Congress. “I understand that industry gets heartburn about a patchwork of state policies,” Rep. Jake Auchincloss (D-MA) said during an Oct. 22 event, “Chemistry Solutions Forum,” in Washington, D.C., hosted by the U.S. Chamber...

Shutdown Appears To Have Little Effect On EPA GHG Endangerment Plan

EPA is reiterating its goal of finalizing a rollback of its greenhouse gas endangerment finding and associated vehicle GHG limits by the end of this year, as multiple sources say there is little evidence that the rulemaking has been delayed yet by the ongoing government shutdown. “The agency aims to finalize the rulemaking before the end of the year,” the agency’s press office said in an Oct. 21 statement to Inside EPA ’s Climate Extra . While uncertainty persists about...

Shutdown Appears To Have Little Effect On EPA GHG Endangerment Plan

EPA is reiterating its goal of finalizing a rollback of its greenhouse gas endangerment finding and associated vehicle GHG limits by the end of this year, as multiple sources say there is little evidence that the rulemaking has been delayed yet by the ongoing government shutdown. “The agency aims to finalize the rulemaking before the end of the year,” the agency’s press office said in an Oct. 21 statement to Inside EPA ’s Climate Extra . While uncertainty persists about...

Whitehouse Sees No ‘Pathway’ To Permitting Deal, Citing Burgum Remarks

Senate environment committee ranking member Sheldon Whitehouse (D-RI) is warning that a long-sought bipartisan deal to streamline National Environmental Policy Act (NEPA) reviews is on the verge of failure, citing Interior Secretary Doug Burgum’s stance to preclude wind power projects from any deal on streamlined reviews. “I'm not seeing a pathway to that trust” needed to reach an agreement, Whitehouse said at an Oct. 22 hearing on nominees to the Tennessee Valley Authority. Whitehouse renewed his call for Republicans to...

Foreign Pollution Fee Backers Boost Praise Of Plan Touted As Tariff Fallback

Backers of legislation to establish a pollution fee on imports of goods from high-carbon economies are ramping up praise for the approach, and a key GOP senator is also arguing the measure can be "plan B" for the Trump administration if its widespread tariffs, justified on emergency grounds, fail a high-profile pending Supreme Court challenge. Several representatives from energy-intensive and trade-exposed sectors touted the foreign pollution fee during an Oct. 16 energy security summit hosted by the American Council for...

IPI Seeks To Bolster PFAS Research, Fearing Studies Underestimate Effects

A progressive think tank is urging federal and state policymakers to pursue research into both non-legacy PFAS compounds as well as exposure pathways other than drinking water, raising concerns that existing studies underestimate the significant economic and other impacts from the chemicals and prohibit a class-based approach to regulations. “By addressing these research gaps, policymakers will be better equipped to conduct robust cost-benefit analyses, leading to more informed and effective regulations that minimize the economic and societal burden of PFAS...

Washington State Backs Incineration To Dispose Of AFFF Containing PFAS

Washington state officials have decided to dispose of the state’s firefighting foam containing PFAS using incineration, choosing the controversial disposal method due to its technological efficiency, safety and streamlined regulatory process to help fire departments safely get rid of their aqueous film-forming foam (AFFF). “We anticipate approximately 32,000 gallons of AFFF will be collected from nearly 80 fire departments,” a spokesperson for the Washington Department of Ecology told Inside PFAS Policy in an email. “We selected incineration for our...

Shutdown Stalls Industry Push For Permitting Reforms Amid Hill Skepticism

The government shutdown has put off for at least a month the U.S. Chamber of Commerce’s major one-day lobbying push for passage of bipartisan environmental permitting reforms, a delay that is fueling Capitol Hill skepticism that such a deal could be reached this Congress even as principal lawmakers on the issue remain engaged, sources say. As the partial shutdown drags on, it threatens to deflate what many saw as growing momentum for a bipartisan deal, including long-sought revisions to the...

In Win For Industry, Newsom Vetoes Bill Banning PFAS In Cookware

California Gov. Gavin Newsom’s (D) veto of a bill that would have banned PFAS from cookware and several other product categories marks a win for industry groups that sought the veto after failing to prevent several other states from adopting similar prohibitions. Newsom on Oct. 13 vetoed SB 682, which sought to ban PFAS from five consumer product categories starting in 2028 and from cookware products beginning in 2030, citing concerns that the measure would trigger a shortage of affordable...

POTWs Fear New Jersey PFAS Deals Curb Recoveries, Undercut Authorities

Wastewater and other local agencies are raising concerns over New Jersey’s landmark proposed PFAS cleanup settlements with major chemical manufacturers, urging state regulators to reconsider the deals’ broad liability waiver that they say prevents them from recouping adequate funds and undercuts their pre-treatment and other enforcement powers. “Simply stated, the proposed [judicial consent orders (JCO)] would grant 3M an essentially unquantifiable amount of PFAS liability protection[] without demanding nearly enough money in return to address the water contamination caused by...

Industry, Free Market Groups Craft Broad Target List For State Climate Laws

Industry and free market groups are detailing a broad assortment of state climate laws that they want the Trump administration to challenge in new legal actions, arguing the Justice Department (DOJ) must intervene to assert federal preemption over a host of measures affecting vehicle emissions, climate-related disclosures and cap-and-trade programs. In recent comments submitted to DOJ, the American Free Enterprise Chamber of Commerce (AmFree Chamber) writes that numerous state and local climate programs “pose substantial burdens on businesses across the...

Capitol Hill Staff Eye AI Benefits For Climate, Energy Amid EPA Deployment

Congressional staff are considering how artificial intelligence can assist in modernizing the power grid to meet growing energy demand while mitigating climate change effects, after a briefing last month that pushed back on widespread assumptions that energy demands from AI and data centers will destabilize the grid and increase emissions. During a Sept. 25 congressional briefing hosted by the Environmental and Energy Study Institute (EESI), speakers stressed that choosing between clean energy sources and promoting AI developments is a false...

Minnesota May Lower Fees For Manufacturers Under PFAS Reporting Rule

Minnesota environmental regulators may reduce fees that manufacturers will have to pay under the state’s proposed PFAS reporting rule after an administrative law judge (ALJ) disapproved the provision because the total fees that the state expects to receive far exceed the costs of implementing the law, conflicting with statutory requirements. The Minnesota Pollution Control Agency (MPCA) estimates spending $6.027 million over nine years to implement Amara’s Law -- Minnesota’s comprehensive per- and polyfluoroalkyl substances (PFAS) mitigation law -- but expects...

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