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.

Topic Subtitle
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.

INDUSTRY GROUP REFRAINS FROM OIL PROJECT DEBATE UNDER RGGI

A group with oil and gas industry ties has declined to recommend that enhanced oil recovery projects (EOR) be eligible for crediting as emissions "offsets" under the regional greenhouse gas initiative (RGGI) by Northeast states, citing skepticism the states would embrace the plan before uncertainties surrounding crediting of the projects on the international level are resolved. The move comes despite earlier indications that the group -- the Coalition for Commodity CO2 -- would file comments in late May urging that...

INDUSTRY URGES EPA TO ABANDON CONSENT DECREE ON REFINERY TOXICS RULE

Refining industry officials are urging EPA to reject a proposed consent decree with activists to review and possibly strengthen an air toxics standard for refineries, arguing the decree does not require EPA to conduct a scientific review that may conclude the level of health risks from refineries do not warrant a more stringent standard. A coalition of industry groups filed comments last month urging EPA to abandon its proposed consent decree, and also perform a technology assessment and health risk...

IGNORING AUTOMAKERS, EPA ASKED TO STUDY AIR IMPACTS OF CLIMATE CHANGE

Over the objections of the auto industry, an EPA advisory panel has agreed to ask the agency to assess the impacts of climate change on air quality, including studying how global warming could worsen pollution problems such as ozone. One source familiar with the discussions says, "The auto industry aggressively tried to derail any mention of climate at all" but was overruled by other members of the Clean Air Act Advisory Committee's (CAAAC) air quality management subcommittee. An auto industry...

EPA MULLS ISSUES AFFECTING WELL PERMIT SCHEME FOR UNDERGROUND CO2

EPA is weighing several factors in deciding how it might use a current regulatory system for underground injection wells to regulate underground carbon dioxide (CO2) sequestration to address climate change, including whether large quantities of the gas and long storage times make the most stringent well permitting requirements inappropriate, according to an EPA official working on the issue. Bruce Kobelski of EPA's water office said at a recent conference that EPA faces several questions in deciding how to regulate the...

VOLUNTARY CLIMATE EXCHANGE MAY OFFER EMISSIONS CREDIT FOR ETHANOL

The Chicago Climate Exchange (CCX), a voluntary emissions trading market, may develop a novel program to award credit for ethanol use or production to offset greenhouse gas emissions from industry, in a move that is likely to prompt questions over how to calculate the climate impacts of ethanol use. Richard Sandor, CCX chairman and CEO, said in a May 18 discussion with reporters that the exchange is looking at methodologies for awarding greenhouse gas credit to biofuel projects, including ethanol...

GROUPS ASK RGGI STATES TO ALLOW MORE PROJECTS TO QUALIFY AS OFFSETS

Some industry officials and think tanks are calling for Northeast states to allow additional types of special greenhouse gas reduction projects, known as offsets, to qualify for credits under the regional greenhouse gas initiative (RGGI), allowing electric utilities to fund these projects instead of reducing emissions at the smokestack. The states have drafted a model rule for RGGI with only a few project categories qualifying as offsets, while also setting what some groups argue are cumbersome restrictions on approving the...

REFINERY REPORT COULD BOLSTER PUSH FOR FACILITY EMISSIONS CONTROLS

A report sponsored by EPA finds that states may need to seek nitrogen oxide (NOx) emissions reductions from refineries beyond what is required by EPA's legal settlements with a large sector of the industry, which could bolster efforts in Northeast states to develop a model rule to cut refinery emissions, sources say. The report -- presented by consulting firm E.H. Pechan & Associates at a May 17 EPA conference in New Orleans -- acknowledges uncertainties in estimating facility-specific NOx reductions...

EPA ASBESTOS PROJECT COULD BE FIRST STEP TO CHANGES IN AIR TOXICS RULE

EPA is moving forward with a research project that could be a first step toward revising an air toxics standard on the demolition of buildings that contain asbestos, a known carcinogen, despite earlier concerns from peer reviewers that the study raised an ethical quandary about testing of human subjects. The study comes as a pending lawsuit challenges the city of St. Louis's use of a similar demolition method, which plaintiffs contend poses a threat to human health even as it...

AIR RULES PROMPT EPA TO CONSIDER NEW WATER MANDATES FOR MERCURY

EPA may require several industry sectors to implement technology-based controls under the agency's effluent limitation guidelines (ELG) program to curb mercury discharges into waterbodies, in part because recent agency rules to reduce mercury emissions from power plants may cause more of the toxin to reach waters, according to internal EPA briefing documents obtained by Inside EPA . EPA is required under the Clean Water Act to review and potentially revise every two years the existing ELGs for industrial dischargers, as...

ENVIRONMENTAL JUSTICE PANEL URGES EPA TO REVISE DISASTER RESPONSES

An advisory panel to EPA on environmental justice issues stemming from the Gulf Coast hurricanes is calling for the agency to revise its disaster response procedures to address the needs of vulnerable populations, which could involve changes to the federal National Response Plan and Superfund National Contingency Plan (NCP), according to draft recommendations obtained by Inside EPA. The recommendations, drafted by a work group of the National Environmental Justice Advisory Committee (NEJAC), come as environmentalists are considering lawsuits over the...

INDUSTRY MAY SEEK MORE TIME TO COMPLY WITH SMALL ENGINE STANDARD

Industry groups may ask California to revise its pending small engine emission standard to allow more time for compliance, despite a new EPA study that concludes such a rule would not pose any fire safety hazards. Any changes to the California rule would come after years of delay of state or federal standards on these engines, due to a series of legislative riders backed by Sen. Christopher Bond (R-MO). California officials so far say they are unlikely to make any...

STATES EYE POLLUTION CUTS TO OFFSET EMISSIONS INCREASES FROM ETHANOL

As states begin crafting plans to meet EPA's strict new 8-hour ozone standard, air regulators in the Midwest and other parts of the country are considering new requirements on stationary and other pollution sources to address expected emissions increases from the energy law mandate to add more ethanol to gasoline. These sources say it is too soon to tell what additional cuts will be mandated on emissions sources and how great a pollution impact expanded ethanol use will have. But...

OTC FACES PUSH FOR OZONE DELAY IN BID TO EXPAND STRICT 'CAIR PLUS' PLAN

Midwestern and other states facing difficulties meeting EPA's 8-hour ozone standard are seeking to hinge their participation in a multi-state effort to require more stringent pollution controls than under EPA's clean air interstate rule (CAIR) for power plants, known as "CAIR Plus," on EPA approval for additional time to meet the ozone standard in particularly polluted areas, state sources familiar with the discussions say. CAIR Plus is being spearheaded by the Ozone Transport Commission (OTC) -- a group representing Northeast...

HIGH COURT TAX RULING MAY COMPLICATE PLAINTIFFS' ARGUMENTS IN CO2 CASE

A recent unanimous Supreme Court ruling rejecting Ohio taxpayers' legal standing to sue over state incentives to attract businesses could complicate efforts by states and environmentalists to force EPA to regulate carbon dioxide (CO2) in a case they have asked the high court to hear, legal experts say. While the experts agree that the justices did not break new legal ground in their May 15 ruling in DaimlerChrysler v. Cuno , they note that whenever the court rejects a case...

SENATE AUTHORIZERS PUSH DOD TO WEIGH COAL GASIFICATION, FUELS

Defense authorizers in the Senate are pushing the Defense Department (DOD) to consider relying on coal gasification as an alternative power source for the military, echoing similar calls by a slew of lawmakers and DOD itself to find ways to reduce the United States' reliance on foreign energy supplies. Coal gasification technologies "have the potential to produce power from coal with significantly reduced effect on the environment, while reducing the United States' reliance on foreign sources of energy," the authorizers...

JEFFORDS EYES NEW CLIMATE BILL TO SHIFT GLOBAL WARMING DEBATE

Sen. James Jeffords (I-VT), the ranking minority member on the Environment & Public Works Committee, is developing a new climate change bill that may go beyond pending Senate bills by requiring strict emissions reductions necessary to stabilize greenhouse gas concentrations, according to sources tracking the effort. Despite Jeffords' plans to retire at the end of this Congress, one proponent of mandatory greenhouse gas controls says the senator's upcoming proposal could influence the climate debate, which observers expect to intensify after...

EPA STATIONARY DIESEL RULE LIKELY TO MATCH EXISTING INDUSTRY STANDARDS

EPA's two new proposals for stationary engine emissions standards are unlikely to impose a large burden on the engine industry, since the new standards would be in line with existing production capabilities, EPA and industry sources say. EPA May 23 proposed a two-part rule to reduce emissions from stationary spark ignition internal combustion engines, which usually burn gasoline or natural gas. These engines are often used at manufacturing facilities for combined heat and power operations, in natural gas pipelines and...

EPA Rule Paves Way For Suits On Power Plant Mercury Trading Plan

EPA has reaffirmed its plan to regulate power sector mercury emissions with a cap and trade approach, clearing the way for litigation on the controversial plan to proceed. The agency has also made changes to its plan that is prompting new criticism from environmentalists who say EPA has further weakened emissions rules for new facilities. In a May 31 final rule , EPA reaffirmed its 2005 decision that strict regulation of power plant mercury emissions under section 112 of the...

Industry Fears DOJ Bid To Waive 'Privilege' In Environment Crimes Suit

Industry lawyers say they are increasingly facing government pressure to waive attorney-client privilege in environmental crimes cases in exchange for relaxed charges against their corporate clients, a burgeoning concern that has defense attorneys worried the push will undermine their ability to provide candid legal advice to clients about compliance with environmental laws. Some industry officials fear the pressure for waivers will continue to grow because the privileged information clients provide to their attorneys would almost certainly aid EPA and Department...

Industry May Seek More Time To Comply With Small Engine Standard

Industry groups may ask California to revise its pending small engine emission standard to allow more time for compliance, despite a new EPA study that concludes such a rule would not pose any fire safety hazards. Any changes to the California rule would come after years of delay of state or federal standards on these engines, due to a series of legislative riders backed by Sen. Christopher Bond (R-MO). California officials so far say they are unlikely to make any...

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