Air

Tracking the latest agency and congressional debates over rules to cut emissions of traditional pollutants, and a broad range of novel EPA policies including the agency's shift to a "multipollutant" regulatory approach for individual sectors.

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Tracking the latest agency and congressional debates over rules to cut emissions of traditional pollutants, and a broad range of novel EPA policies including the agency's shift to a "multipollutant" regulatory approach for individual sectors.

EPA STAFF SUGGEST MARGINAL TIGHTENING OF GROUND-LEVEL OZONE RULES

EPA staff are suggesting that the agency tighten its current ground-level ozone standard of 0.08 parts per million (ppm) to 0.07 ppm -- a proposal that could make the national standards consistent with more stringent ozone rules California recently promulgated. Short of tightening the standard, the staff recommend that EPA generally maintain the current standard. In a July 18 staff paper -- which builds on a more in-depth scientific review -- EPA proposes that both options be considered for the...

OMB-BACKED STUDY SHOWS INCREASED RISK FROM PARTICULATE EXPOSURE

A new analysis of the health risks posed by particulate matter (PM) in air that former White House regulatory chief John Graham requested shows PM may be more harmful than previously thought, agency air officials say. The analysis could lend support for tightening the agency's proposed PM standard when finalized later this year. The evidence will almost certainly boost efforts by EPA science advisers, environmentalists and others who are urging Administrator Stephen Johnson to tighten the proposed standard. It could...

EPA FACES CRITICISM OVER 'DE MINIMIS' LEVELS IN PM2.5 CONFORMITY RULE

ONFORMITY RULE Despite urgings from state and local air agencies, EPA has finalized a precedent-setting proposal that will allow the military and other federal agencies to release up to 100 tons per year (tpy) of fine particles (PM2.5) without being subject to state air quality control plans. State and local regulators had urged the agency to set a much lower threshold for so-called de minimis levels of emissions, which are exempted from compliance with so-called state implementation plans (SIPs), because...

SIERRA CLUB PACT ON COAL PLANT HINTS AT NEW COURSE ON CLEAN ENERGY

The Sierra Club is proposing a novel agreement to avoid litigation over a new pulverized coal-fired power plant in Illinois if the company reduces its overall emissions of carbon dioxide (CO2), an agreement that underscores the group's growing effort to back climate-friendly energy projects, even if they result in some emissions increases. The agreement may foreshadow other compromises between activists and industry, as companies are proposing hundreds of new power plants that generally used conventional, pulverized coal technology. The nation's...

MAYORS' INITIATIVE ON TEXAS COAL PLANTS LINKS CLIMATE, AIR IMPACTS

Texas mayors are considering an alliance to formally raise concerns over proposals for over a dozen new coal-fired power plants, touting the climate change impact of new power generation and more immediate effects on cities' ability to meet federal air quality standards. The state is at the forefront of battles over the possible resurgence of coal generation because of the large number of proposed new plants there. Environmentalists say it is also significant that cities are linking the climate change...

ACTIVISTS SAY REVISED NEPA REVIEW FAILS TO ADDRESS CLIMATE IMPACTS

Environmentalists claim the federal government has failed to comply with the National Environmental Policy Act (NEPA) in a revised review of the air quality impacts of a proposed railroad project that will transport Western coal to Midwestern power plants, because the new analysis fails to address greenhouse gas emissions from burning the coal. The Sierra Club and the Mid States Coalition for Progress, a group representing local landowners, say in their July 5 opening brief in Mayo Foundation, et al...

FEDERAL JUDGE REJECTS DELAY IN CALIFORNIA GREENHOUSE GAS CASE

A U.S. district court magistrate judge has denied a request by California's attorney general to delay by six months the trial date of a lawsuit by the auto industry challenging the state's landmark greenhouse gas regulation for vehicles. The judge agreed with automakers that such a delay would prejudice the plaintiffs, who are seeking to overturn the rule, and rejected the state's request that the case be postponed until after the Supreme Court rules in Commonwealth of Massachusetts et al...

CALIFORNIA CLIMATE PROPOSAL CALLS FOR NEW OVERSIGHT BOARD

California EPA (Cal/EPA) officials have released draft amendments to landmark legislation creating a state greenhouse gas (GHG) emission reduction program, detailing a proposed cabinet-level board that would be charged with developing a regulatory "market-based" system for reducing GHG emissions in various industry sectors. Democrats carrying the pending bill are reviewing the agency's proposal and are likely to incorporate key elements, sources say. Environmentalists supporting the pending legislation, AB 32, say they are generally supportive of Cal/EPA's proposal, but maintain that...

SETTLEMENT REQUIRES NEW PM MEASUREMENTS AMID DEBATE OVER RULES

Environmentalists have reached a settlement with a Pennsylvania power plant that requires monitoring and limits for what is known as "condensable" particulate matter (PM), a form of the pollutant that many companies do not track because they contend EPA has not developed a reliable test method. The settlement comes as environmentalists and state officials are pressing EPA to require limits on condensable PM as part of pending rules to implement a new fine particle standard. They argue that older methods...

FUTUREGEN SAYS CO2 LIABILITY MAY PLAY A ROLE IN SITE SELECTION

The FutureGen Industrial Alliance -- which this week announced that four sites in Texas and Illinois made its short list to house a $1 billion power plant that captures and sequesters carbon dioxide (CO2) -- says Texas' offer to accept all liability for CO2 releases may give the state an edge in winning final selection, but cautions that the CO2 issue alone will not be a deciding factor. The alliance July 25 eliminated bids from Ohio, Kentucky, North Dakota, West...

INDUSTRY PUSHES FOR MORE HYDROGEN FUNDING TO MATCH EPACT GOALS

Industry groups are pressuring members of Congress to increase Department of Energy (DOE) funding for hydrogen fuel cell initiatives -- which can lower air emissions and boost domestic energy production -- charging that existing funds fall well below what is authorized in the Energy Policy Act of 2005 (EPACT) even though the program is a priority for President Bush. But a top DOE official recently suggested that research on hydrogen programs will take a long time regardless of available funds,...

EPA AGREES TO CONSIDER MERCURY CONTROLS IN PORTLAND CEMENT MACT

EPA is committing to give further consideration to requiring mercury controls in its maximum achievable control technology (MACT) proposal for Portland cement kilns -- which manufacture cement and concrete -- by signing a July 25 document to be submitted to a federal court that outlines the obligations, despite the agency's earlier proposed version of the rule that rejects mercury-specific control technology as too costly. Industry will continue to oppose mercury controls as well as a possible ban on the use...

CONSULTANTS REJECT CALLS FOR NEW ENVIRONMENTAL LAW FOR NANOTECH

A respected nanotechnology consulting firm is recommending in a major annual report on environmental and health challenges pertaining to nanotechnology risk evaluation that policymakers adjust current laws and regulations instead of creating a new law that has authority over the promising new technology. The recommendation comes as EPA is facing several tests on whether existing laws are adequate to regulate the technology, including a first-time test to register a nanoscale fuel additive under the Clean Air Act and several applications...

SENATE MAY ABANDON EFFORTS TO PASS REFINERY LEGISLATION THIS YEAR

Sen. Pete Domenici (R-NM), chairman of the Senate Energy & Natural Resources Committee, says he may not call a committee vote this year on legislation intended to expedite refinery permitting after a related bill failed to pass the Environment & Public Works (EPW) Committee last year. "I don't know if we're going to do [a bill] this year or not," Domenici told reporters July 13, following a committee hearing on H.R. 5254, the Refinery Permit Process Schedule Act. The bill...

HOLD ON EPA DATA NOMINEE OVER TRI MAY FORCE RECESS APPOINTMENT

Two Democratic lawmakers' recent hold on Molly O'Neill, President Bush's nominee to head EPA's information office, may force the White House to make O'Neill a recess appointment unless the agency drops controversial changes to its Toxics Release Inventory (TRI) program, Democratic and other sources say. New Jersey Sens. Frank Lautenberg and Robert Menendez have placed a hold on the nominee to protest EPA's proposal to dramatically scale back reporting requirements under TRI and are vowing to keep the hold in...

ADMINISTRATION PUSHING 'CONSERVATION' BILLS AHEAD OF MIDTERM ELECTIONS

The Bush administration is planning a legislative push after Congress returns from its August recess for a package of bills designed to highlight the administration's "cooperative conservation" approach to environmental protection, a push that will allow GOP candidates to cite their party's efforts to improve the environment. Deputy Interior Department (DOI) Secretary Lynn Scarlett told Inside EPA on July 18 that the administration planned to push four bills that underscore the administration's cooperative conservation approach, including EPA-backed legislation creating a...

EPA Study To Help States Set New Ozone Controls For Cement Kilns

EPA is developing a report intended to assist states and regions in determining pollution control requirements for cement kilns, amid debate over what constitutes the best available control technology (BACT) for these facilities to lower emissions that contribute to ozone. At the same time, a new report commissioned by Texas environmental officials suggests that cement plants could begin using the stringent emission control known as selective catalytic reduction (SCR), which is widely used on power plants but not in the...

EPA Faces Criticism Over 'De Minimis' Levels In PM2.5 Conformity Rule

Despite urgings from state and local air agencies, EPA has finalized a precedent-setting proposal that will allow the military and other federal agencies to release up to 100 tons per year (tpy) of fine particles (PM2.5) without being subject to state air quality control plans. State and local regulators had urged the agency to set a much lower threshold for so-called de minimis levels of emissions, which are exempted from compliance with so-called state implementation plans (SIPs), because of concerns...

NEW HEALTH, COMPLIANCE DATA HIGHLIGHT EPA'S TOUGH CALL ON PM RULE

New EPA data showing hundreds of counties would violate strict new fine particulate matter (PM2.5) standards and a scientific study that says PM2.5 risks are dramatically higher than previously believed highlight the tough choice EPA Administrator Stephen Johnson is facing as he decides whether to tighten the agency's PM rules. New EPA modeling data supplied to Sen. George Voinovich (R-OH) show that hundreds of counties would violate EPA's proposed new PM2.5 standard, according to copies of the data obtained by...

EPA FACES CRITICISM OVER 'DE MINIMIS' LEVELS IN PM2.5 CONFORMITY RULE

ONFORMITY RULE Despite urgings from state and local air agencies, EPA has finalized a precedent-setting proposal that will allow the military and other federal agencies to release up to 100 tons per year (tpy) of fine particles (PM2.5) without being subject to state air quality control plans. State and local regulators had urged the agency to set a much lower threshold for so-called de minimis levels of emissions, which are exempted from compliance with so-called state implementation plans (SIPs), because...

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