Utilities Warn California Cap & Trade Rule Flaws Threaten Program Failure

California utilities are warning state air regulators that if they do not amend rules controlling the state's forthcoming greenhouse gas (GHG) cap-and-trade program, the first auction could be a disaster and confidence in the program could plummet. Some utility officials are urging the state to hold multiple "practice" auctions to test critical systems before conducting the first official auction, which is scheduled for Nov. 14. State officials are committing to work with utility representatives in the coming months to iron...

Insider -- July 5, 2012

Focus On GHG Rules EPA is rejecting arguments the agency was required to justify maintaining greenhouse gas permit thresholds in its “Step 3” rule, saying that an in-depth program review will come in later years: EPA Defends Plan To Retain Existing GHG Permit Thresholds In Final Rule EPA has finalized the third phase of its greenhouse gas (GHG) permit “tailoring” rule that follows through on a proposal to retain -- and not lower -- existing thresholds for triggering GHG permits,...

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ARB "Vision" Document Outlines Plan For Mobile Source Emissions

ARB Staff Discusses New Report On Mobile Source Emissions

 

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CEERT Comments

Large-scale Solar Association Comments

 

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EAB Decision Could Raise Bar For Permitting Fracking Wastewater Wells

EPA's Environmental Appeals Board (EAB) has found that the agency's permit review of two wastewater disposal wells for a Pennsylvania-based hydraulic fracturing operation is inadequate to show that drinking water supplies would be protected, setting a high bar for permitting such wells in the gas-rich Marcellus Shale region. The board's June 28 finding in In Re: Bear Lake Properties, LLC is significant because disposal to underground injection wells is EPA and industry's preferred option for dealing with the massive...

State, Industry Fear EPA Engine Rule May Deter 'Clean' Power Investment

Delaware and some power companies are raising concerns over EPA's proposed air rule for reciprocating internal combustion engines (RICE) that operate under demand response (DR) programs, saying it could increase air pollution from higher-emitting backup diesel engines and deter investments in "cleaner" power generation. "Are we relying on dirty DR to replace retired coal capacity, instead of providing appropriate market signals to help develop cleaner alternatives?" asked Ali Mirzakhalili, director of the air division in Delaware's environment department, during a...

EPA Urges Court To Allow Appeal Of 'Enhanced' Mine Permit Review Vacatur

EPA is urging a federal district court to enter final judgment vacating its strict process for reviewing mountaintop mining discharge permits so the agency can seek appellate review of the decision even though the court is still reviewing the legality of the agency's permitting guide for the mining operations as part of the same suit. "Entry of final judgment will promote the goal of timely justice to the litigants, because the United States will be able to pursue an appeal...

EPA Relaxes Deadline For States To Certify UST Operators Are Certified

EPA has relaxed the requirements for states to prove they are meeting a statutory deadline for underground storage tank (UST) operators to be trained in safety procedures and other requirements, noting state concern over being able to meet the Aug. 8 deadline in order to continue receiving federal funding. The 2005 Energy Policy Act obligates states to create operator training programs and then ensure operators complete the training by Aug. 8, although the specific program requirements vary from state to...

EPA Relaxes Deadline For States To Certify UST Operators Are Certified

EPA has relaxed the requirements for states to prove they are meeting a statutory deadline for underground storage tank (UST) operators to be trained in safety procedures and other requirements, noting state concern over being able to meet the Aug. 8 deadline in order to continue receiving federal funding. The 2005 Energy Policy Act obligates states to create operator training programs and then ensure operators complete the training by Aug. 8, although the specific program requirements vary from state to...

GHG Ruling Boosts EPA Morale

EPA staff members say they have received a major morale boost following a federal appeals court ruling upholding all of the agency's greenhouse gas (GHG) rule, according to sources inside and outside the agency, with the decision seen as bolstering the confidence of EPA headquarters and regional staff in implementing the agency's climate policies. "We are generally obviously pleased, we won every single issue," says a source familiar with EPA headquarters of the U.S. Court of Appeals for the District...

Clean Air Report - 07/05/2012

Thu, 2012-07-05 00:00

'Poison Pill' In Florida Nutrient Rule May Shape EPA Review, Legal Fight

Florida officials have included language in their landmark numeric nutrient criteria that seeks to block the rule from being implemented if EPA revises or amends it during its ongoing review, providing what many say is a "poison pill" that could complicate the agency's response though most observers say that the final outcome will be decided in court. Florida's rule , if approved by EPA, could replace the agency's controversial criteria -- providing what would be one of the first numeric...

EPA Seeks Deference From Federal Court On 'Indefensible' Ozone NAAQS

EPA is defending its 2008 ozone ambient air standard from multiple legal attacks by arguing federal courts should defer to the agency on making policy judgments on scientific evidence, even as agency Administrator Lisa Jackson insists that the existing standard is not scientifically or legally defensible -- as activists have argued. In a legal brief filed July 2 with the U.S. Court of Appeals for the District of Columbia Circuit in consolidated litigation over the ozone standard, EPA does not...

EPA Defends Plan To Retain Existing GHG Permit Thresholds In Final Rule

EPA has finalized the third phase of its greenhouse gas (GHG) permit “tailoring” rule that follows through on a proposal to retain -- and not lower -- existing thresholds for triggering GHG permits, rebutting activists' push for lower thresholds by saying that lowering the thresholds would impose major burdens on permitting authorities. The final rule released July 3 and slated for publication in the Federal Register in the coming weeks also adopts measures designed to streamline and accelerate the...

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