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.

Companies Urged To Rely On Strict NSR Test In Wake Of Appellate Ruling

In the wake of the appellate ruling striking down EPA's key new source review (NSR) rule, industry lawyers are urging companies to rely on a strict emissions measurement test for determining their possible regulatory liability under the NSR program, even though industry opposes the test and EPA is seeking to replace it in a pending rulemaking. The lawyers say relying on the strict test is necessary to ensure that EPA cannot conclude that a planned project would result in an...

DOD RESUMES PUSH FOR EXEMPTIONS FROM WASTE CLEANUP LAWS

DENVER -- The Bush administration has resumed its years-long push for Defense Department (DOD) exemptions from federal waste laws, a top DOD official says. The move, however, reverses the position the Pentagon previously took saying it was not going to pursue the CERCLA and RCRA exemptions this year, sources say. One congressional source says DOD did not follow the usual Office of Management & Budget interagency review process, circumventing EPA when it re-submitted to Congress the legislation, which is identical...

VAPOR INTRUSION PANEL DEFINITION COULD SLOW PROPERTY TRANSACTIONS

An international standards organization panel developing screening procedures for detecting vapor intrusion is also considering whether the chemical vapors should be defined as a hazardous substance release during initial environmental assessments of properties, which could slow real estate transactions and result in more extensive and costly cleanups, sources say. ASTM International panelists are currently drafting language and expect to meet later this summer to consider whether vapor intrusion is a recognized environmental condition (REC), which means site assessors would have...

NEW RESEARCH QUESTIONS UPDATED MODEL USED IN EPA VAPOR INTRUSION

An update to the model that forms the basis of EPA's controverisal vapor intrusion guide is facing new criticism from state and EPA scientists, who say the revisions underestimate the amount of the chemical vapors in indoor air in existing structures, necessitating indoor air sampling. While sources say the updates to the model still have value for determining the likelihood of vapor intrusion at sites where new structures have not been built, the most accurate way to measure vapor intrusion...

EPA GUIDE TO URGE MULTI-MEDIA APPROACH FOR TRIBAL RISK ASSESSMENTS

EPA is poised to recommend that agency risk assessors employ an unprecedented cross-media approach weighing cumulative pollution effects when developing cleanup levels, discharge limits and other environmental standards on tribal lands, according to a draft guide obtained by Superfund Report. The upcoming guide, Paper On Tribal Issues Related To Tribal Traditional Lifeways, Risk Assessment, And Health & Well-Being: Documenting What We've Heard , also recommends taking unique exposure patterns associated with tribal traditions and cultural practices into account when conducting...

INDUSTRY OPPOSES POSSIBLE FLY ASH BAN DUE TO MERCURY UNCERTAINTY

EPA has prompted widespread industry opposition to its first-time proposal to ban the use of fly ash, which is a byproduct of coal combustion, due to concerns that the agency's clean air mercury rule (CAMR) for power plants could increase the amount of mercury in fly ash. Specifically, EPA is floating the language for the possible ban in its proposal to reduce air toxics from Portland cement manufacturing facilities, some of which burn fly ash as part of their manufacturing...

AUTOMAKERS EYE EPA MERCURY SWITCH DEAL TO REPLACE STATE PROGRAMS

Automakers are hoping a deal with EPA creating a voluntary program to recover mercury-containing switches from vehicles before they are smelted can replace numerous existing state programs, which are likely to be significantly more costly to the industry than the $2 million it will contribute to the EPA program. One auto industry source says manufacturers are hoping to convince the states, which include Utah, Maine, Arkansas and New Jersey, to replace programs that charge a $2-$5 bounty fee per switch...

INHOFE CONCERNED OVER STATE THREATS TO RETURN PROGRAMS TO EPA

Senate Environment & Public Works Committee Chairman James Inhofe (R-OK) is concerned that some states are considering returning control over implementing environmental programs to EPA as a result of major cuts to state grants the Bush administration proposed in its fiscal year 2007 budget request, according to a member of his staff. Michelle Nellenbach, the senior professional staff member for the environment committee's majority staff, told state environmental officials March 13 that Inhofe is "alarmed" that states are considering handing...

DHS CHIEF BACKS KEY INDUSTRY POSITIONS ON CHEMICAL SECURITY BILLS

Homeland Security Secretary Michael Chertoff is backing industry calls that pending chemical plant security bills should not force companies to use "inherently safer" technologies to reduce environmental hazards and is suggesting that any federal law should preempt state and local efforts to impose additional chemical security requirements. Chertoff's remarks presage likely Bush administration efforts to revise pending House and Senate bills that would not preempt state and local laws imposing stricter rules on industry. The congressional proposals also would not...

Automakers Eye EPA Mercury Switch Deal To Replace State Programs

Automakers are hoping a deal with EPA creating a voluntary program to recover mercury-containing switches from vehicles before they are smelted can replace numerous existing state programs, which are likely to be significantly more costly to the industry than the $2 million it will contribute to the EPA program. One auto industry source says manufacturers are hoping to convince the states, which include Utah, Maine, Arkansas and New Jersey, to replace programs that charge a $2-$5 bounty fee per switch...

APPELLATE RULING LIMITS ADMINISTRATION'S OPTIONS FOR NSR RELIEF

The federal appellate decision vacating EPA's rule easing new source review (NSR) requirements for the electric utility industry and other industrial sectors is raising questions about the outlook for Bush administration efforts to shield industry from strict regulatory oversight under the controversial Clean Air Act program. Prospects for a legislative fix or Supreme Court action are uncertain, while a related EPA rulemaking providing an administrative venue for relief also faces hurdles, according to some observers. Granting a request from states...

ACTIVISTS CITE EMISSIONS CUTS IN PUSH FOR STRICT LIGHT TRUCK CAFE RULES

Environmentalists are intensifying their efforts to strengthen an upcoming Bush administration fuel economy rule for light trucks, which could be released as soon as next week, arguing that the administration is not considering benefits that would result from tighter fuel economy rules, including reduced greenhouse gas emissions. The push comes as environmentalists and other sources say the administration may decide to issue the first-ever corporate average fuel economy (CAFE) rules for large sport utility vehicles (SUVs) and vans that weigh...

SENATE POISED TO IMPEDE GOVERNOR'S CLIMATE CHANGE BUDGET

Senators with oversight of Cal/EPA's budget are poised to impede the governor's funding plans for multiple climate change initiatives -- including millions earmarked for the air board -- based on concerns that the administration has yet to provide an overarching plan to reduce greenhouse gas (GHG) emissions. The Senate's expected debate over the governor's plan will not only provide a forum for the landmark actions to be further detailed, but may also presage a heated fight over a key environmental...

COMPANY RANKINGS FUEL DEBATE OVER BUSINESS CLIMATE CHANGE STRATEGIES

A new report by an environmental investment organization that ranks California, U.S. and foreign companies by the quality of their strategies to reduce greenhouse gas (GHG) emissions is elevating debate among state companies, high-ranking officials and key lawmakers over the climate change issue. While the report is intended to persuade companies across the globe to reduce GHG emissions for their own financial health, not all businesses that were analyzed believe the report is fair, including San Diego-based Sempra Energy. Ceres,...

ACTIVISTS SEE 'DEFIANT' SAN JOAQUIN AIR OFFICIALS OVER PERMIT AUDIT

Environmentalists are criticizing San Joaquin Valley air district officials for taking an allegedly "defiant" stance toward a state air board audit that seeks multiple improvements in the district's permitting program. Environmentalists fear the district's attitude may prevent critical pollution reduction in the extreme ozone nonattainment region and are pondering steps to change the district's position on the audit's permitting recommendations. But district officials are standing by their response to the audit, arguing that they have taken numerous steps to bolster...

INDUSTRY, ACTIVISTS BLAST DRAFT ARB DRY CLEANING CONTROL CONTROLS

Industry representatives are blasting an air board proposal to enforce stringent control measures governing the siting of new dry cleaning shops, and criticizing the board's decision to partially phase out the use of a commonly used dry cleaning chemical, perchloroethylene (perc). Meanwhile, environmentalists criticize the board for failing to completely phase out perc. The plan is significant because it could lead to the phaseout of commonly used perc dry cleaning equipment in the state, meaning industry would have to scramble...

GROUP SEEKS IMPROVEMENTS TO AIR BOARD SCRAPPAGE PROGRAM

An environmental and industry group coalition is calling on the air board to develop better statewide coordination among the varying air districts that implement the voluntary accelerated vehicle retirement (VAVR), or scrappage programs. The controversy is significant because it may spark substantial changes to the program, which some stakeholders believe is a good way to achieve emission reductions, and others argue may not be a cost-effective way to spend public funding. The Air Resources Board March 20 held a public...

UPCOMING DOE DECISION ON LOCAL CLEAN FLEET RULE MAY SPARK LITIGATION

Environmentalists may sue the U.S. Department of Energy (DOE) if it does not issue a rulemaking setting first-time alternative fuel vehicle purchasing requirements on private and municipal fleets, while also possibly revising a long-term goal for alternative fuel vehicles nationwide. At the same time, municipal officials oppose such a rulemaking and say the infrastructure that would be required is not in place. The threat of a lawsuit comes after a March 6 decision in the United States District Court for...

TRUCKERS SAY CALIFORNIA DIESEL STANDARD WOULD SET HARMFUL PRECEDENT

An air board request for a waiver from federal preemption over a state engine emissions standard is raising alarms among industry groups, who say the request is an unprecedented move that could force large numbers of trucks to comply nationwide. The controversy comes as the National Academy of Sciences (NAS) issued a long-awaited report evaluating the Air Resources Board's authority to set transportation emissions standards that are stricter than the rest of the country. The report supports states' ability to...

EPA AUDIT POLICY SEEN BOLSTERING LIABILITY REPORTS FOLLOWING MERGERS

EPA says its self-audit policy, which encourages companies to voluntarily disclose and correct environmental violations, is gaining wider industry acceptance, particularly in sectors witnessing a wave of mergers and acquisitions, such as the telecommunications sector. The development is significant because many companies were initially skeptical that the 10-year old policy would provide sufficient protection from future EPA enforcement, although some industry officials are still concerned that voluntary disclosures to the agency do not adequately protect them from additional state enforcement...

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