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Tag: Rule

NRC Advances Rule to Streamline Advanced Nuclear Reviews

April 25, 2024
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The Nuclear Regulatory Commission (NRC) has voted to codify proposed changes to streamline a key environmental review process for advanced nuclear reactors. Nuclear advocates lauded the measure as one of […]

The post NRC Advances Rule to Streamline Advanced Nuclear Reviews appeared first on POWER Magazine.

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SCOTUS Reinstates Trump-Era Environmental Certification Rule

April 12, 2022
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The U.S. Supreme Court on April 6 reinstated a Trump-era environmental rule that limited state and tribal roles in enforcing a section of the Clean Water Act (CWA) related to project certification. The order is a temporary triumph for eight states and three energy trade associations, including the National Hydropower Association (NHA).

The high court’s order in Louisiana et al. v. American Rivers et al. reinstates a Clean Water Act Section 401 Certification Rule, which the Environmental Protection Agency (EPA) finalized in July 2020 (and which became effective in September 2020) to address potential delays in certifications and project development that resulted in protracted litigation involving state and tribal reviews under Section 401 of the Clean Water Act (CWA).

The Supreme Court acted on an application filed on March 21 by eight states—Arkansas, Louisiana, Mississippi, Missouri, Montana, West Virginia, Wyoming, and Texas—and three industry groups—NHA, American Petroleum Institute, and the Interstate Natural Gas Association of America—that asked the high court to stay an October 2021 order from the U.S.…

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More Than 20 Coal-Fired Plants Will Close in Wake of Wastewater Rule

November 29, 2021
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A new wastewater rule authorized by the U.S. Environmental Protection Agency (EPA) earlier this year is leading several coal-fired plants to announce closure plans, according to an analysis of state regulatory filings by the Sierra Club.

The group said at least 26 plants in 14 states have said they will stop burning coal, with 21 facilities closing and another five switching to natural gas-fired generation, according to a report published Nov. 22 by the Associated Press. The EPA has said it expects the rule would impact about 75 coal-fired plants across the country.  

The EPA in July announced it would reinstate Obama-era regulations on wastewater that were rolled back by the Trump administration. The new wastewater rule requires power plants to clean coal ash and toxic heavy metals such as mercury, arsenic, and selenium from plant wastewater before it is discharged into streams and rivers.

Coal-fired power plants had an October deadline to tell their state regulators how they planned to comply with the rule.…

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Court Kills Trump Rule on Power Plant Emissions

January 21, 2021
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The post Court Kills Trump Rule on Power Plant Emissions appeared first on POWER Magazine.

A federal appeals court has vacated the Trump administration’s rollback of Obama-era greenhouse gas emission standards for power plants. A three-judge panel of the U.S. Court of Appeals for the District of Columbia on Jan. 19 said the measure intended to replace those standards, the Affordable Clean Energy (ACE) rule, “rested critically on a mistaken reading of the Clean Air Act,” or CAA.

The panel in its ruling said the U.S. Environmental Protection Agency’s (EPA’s) recission of the 2015 Clean Power Plan (CPP), and subsequent adoption of the 2019 ACE rule, failed to comply with the CAA. The decision is another blow to the Trump administration’s bid to leave a legacy of deregulation, particularly at the EPA, as it rebukes one of the administration’s highest-profile replacements of Obama-era environmental rules.

The judges among other things found that the ACE rule failed to provide adequate environmental and public health protections.…

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FERC Finalizes PURPA Rule Reforms

July 18, 2020
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The post FERC Finalizes PURPA Rule Reforms appeared first on POWER Magazine.

The Federal Energy Regulatory Commission (FERC) finalized a long-awaited rule revising regulations that govern qualifying small power producers and cogenerators under the Public Utility Regulatory Policies Act of 1978 (PURPA). While FERC said the rule was necessary to respond to significant market changes, the action drew mixed reactions from industry. 

FERC’s final rule issued on July 17 is the first major change to regulations it issued in 1980 under the pivotal law, which most experts agree has spurred the growth of smaller generators and played a major role in reshaping power sector business models.

While Congress enacted PURPA to reduce U.S. dependence on oil and natural gas, and encourage the development of alternative generation, including cogeneration and small-scale renewable generation, FERC has long-discussed updating its regulations under PURPA because it says the energy industry has since undergone many significant changes. 

“It’s been my view from the start that FERC should modernize our regulations in ways that not only meet our statutory obligations, but also protect consumers and preserve competition,” said FERC Chairman Neil Chatterjee.…

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EPA Nixes Legal Justification for MATS Rule

April 18, 2020
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The post EPA Nixes Legal Justification for MATS Rule appeared first on POWER Magazine.

The Environmental Protection Agency (EPA) on April 16 withdrew the legal justification for an Obama-era rule that required coal-fired power plants to reduce their emissions of mercury. The Mercury and Air Toxic Standards (MATS) remains in place, but Thursday’s action by the Trump administration could prevent similar regulations from being implemented in the future.

EPA Administrator Andrew Wheeler in a statement said he was following through on the direction of the U.S. Supreme Court, and correcting the Obama’s administration’s “flawed cost finding” that determined the original regulations.

“Under this action, no more mercury will be emitted into the air than before,” said Wheeler. “EPA is following through on the Supreme Court’s direction and correcting the previous Administration’s flawed cost finding in its original rule. Today’s action maintains the mercury emissions standard, and meets the statutory obligation to review the adequacy of those standards. This is another example of the EPA, under the Trump Administration, following the law while making reasonable regulatory decisions that are fully protective of the public health and environment.”…

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