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.

Automobile Group Takes Low Profile In Climate Change Discussions

The Alliance of Automobile Manufacturers, a coalition of U.S. and foreign automobile manufacturers, is declining to participate in a series of public discussions aimed at addressing climate change, begging off the recent Senate energy committee conference on the issue and seeking to block discussion of the issue in an EPA advisory committee's deliberation on how to factor climate change into air quality planning. Auto industry and other sources tracking the issue offer a range of explanations for the group's stance,...

Democrats' Opposition Likely To Force Recess Appointment For EPA Air Chief

President Bush will likely have to install William Wehrum, his nominee to head EPA's air office, as a recess appointment because of an expected hold from Democrats critical of the administration's air policies, according to Sen. George Voinovich (R-OH). Voinvoich told Wehrum at an April 5 Senate Environment & Public Works Committee confirmation hearing that Democrats are "probably going to stop you" from being approved by the Senate to take on the role of EPA's assistant administrator for air and...

CAFE Rule Suggests EPA Likely To Deny California Greenhouse Gas Waiver

EPA is expected to deny a pending request by California for a Clean Air Act waiver to set vehicle emissions standards to reduce greenhouse gas emissions, after the National Highway Traffic Safety Administration (NHTSA) finalized a fuel economy rule last week that included language concluding that states are preempted from setting greenhouse gas standards for automobiles. EPA's likely denial is significant because as many as 10 other states are seeking to adopt California's requirement. A bipartisan group of 21 senators...

EPA May Forgo Comparable Fuels Rule After Toxic Emissions Review

EPA may decide against proposing a controversial rule expanding the types of hazardous waste that can be burned as fuel pending a requested review of data on possible toxic emissions from waste-as-fuel use, according to an agency spokeswoman. The decision comes after EPA said last month it was preparing to decide whether to respond to a request from the waste treatment industry group the Environmental Technology Council (ETC) to re-evaluate data on emissions from industrial boilers and hazardous waste incinerators...

AIRCRAFT PM TEST COULD HELP PUSH FOR NEW EPA EMISSIONS STANDARD

A landmark test for measuring particulate matter (PM) emissions from military and civilian aircraft could give environmentalists and state regulators a new tool to press EPA to set first-time PM emissions standards for aircraft engines, since the agency has argued in the past that any aircraft standard would be hard to develop because of the difficulty in measuring engine PM output. The test could also help the military site new aircraft squadrons -- such as those for the Joint Strike...

DOE ADVISERS SEEK CLEAN AIR ACT RELIEF FOR CUTTING-EDGE COAL PLANTS

A sweeping report by the National Coal Council (NCC), an advisory group to the Energy Department (DOE), is recommending Clean Air Act exemptions to encourage development of cutting-edge plants that gasify coal or turn it into liquid fuel, a key energy focus of DOD. The report says exempting coal-to-liquid and coal-to-gas facilities from emissions offset requirements in two key air act programs -- new source review (NSR), which requires facilities to install modern pollution controls, and national ambient air quality...

EPA FAILURE TO FOLLOW PM ADVICE COULD PROVIDE BASIS FOR FUTURE SUITS

EPA's failure to follow recommendations from its outside science advisers on proposed particulate matter (PM) standards could be a basis for litigation should the agency finalize a standard similar to the proposal, according to recent comments from the advisers on a broader EPA review of how the agency sets national ambient air quality standards (NAAQS). Two members of the agency's clean air scientific advisory committee (CASAC) are warning in comments made public earlier last month that EPA may have opened...

NEW YORK VAPOR INTRUSION REVIEW SPARKS FEAR OF ADDITIONAL CLEANUPS

Plans by the state of New York to check for contamination from vapor intrusion at dozens of contaminated sites where cleanup was already considered complete could spark similar efforts by other states and EPA at thousands of similar sites, observers following the issue say. Sources say that New York regulators have recently sent out dozens of notices to property owners who in the past received "no further action" (NFA) letters, saying that polluted properties would have to be revisited to...

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 GUIDE

An update to the model that forms the basis of EPA's controversial vapor intrusion guide is facing new criticism from state and EPA scientists, who say the revisions underestimate the amount of 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 at...

New York Vapor Intrusion Review Sparks Fears Of Additional Cleanups

Plans by the state of New York to check for contamination from vapor intrusion at dozens of contaminated sites where cleanup was already considered complete could spark similar efforts by other states and EPA at thousands of similar sites, observers following the issue say. Sources say that New York regulators have recently sent out dozens of notices to property owners who in the past received "no further action" (NFA) letters, saying that polluted properties would have to be revisited to...

EPA 'Upset' Emissions Rule Includes OMB Changes That May Limit Citizen Suits

EPA's rule requiring facilities to develop plans for minimizing "upset emissions" --- such as those during startups, shutdowns and malfunctions (SSM) --- drops language at the suggestion of the White House Office of Management & Budget (OMB) that environmentalists say is crucial to their ability to sue facilities for failing to limit such emissions. Environmentalists say they will almost certainly sue over the March 31 final rule after EPA dropped language stating that failure to follow an SSM plan could...

EPA EYES TALKS WITH STATES TO AVOID FALLOUT OVER FY08 BUDGET REQUEST

EPA's chief financial officer is planning a series of meetings this month with state officials over EPA's fiscal year 2008 budget as a way to help the agency avoid a repeat of the criticism it is receiving over cuts to state grants in FY07, which states say the agency proposed without enough consultation with them. EPA Chief Financial Officer Lyons Gray is scheduled to meet with the Environmental Council of the States (ECOS) April 17 to launch a number of...

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. Under...

STATES DISPUTE ENERGY, WATER, COMPLIANCE GOALS IN EPA STRATEGIC PLAN

States believe EPA should revamp its strategic goals and budgeting plan to better address energy issues, provide states more flexibility in meeting the plan's water pollution targets and integrate compliance into core media programs like air and water, according to comments EPA regions submitted on the draft plan. EPA issues the strategic plan to comply with the Government Performance & Results Act (GPRA), which requires agencies to establish performance goals and report to Congress on their success in achieving them...

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 Water Policy 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...

States Dispute Energy, Water Compliance Goals In EPA Strategic Plan

States believe EPA should revamp its strategic goals and budgeting plan to better address energy issues, provide states more flexibility in meeting the plan's water pollution targets and integrate compliance into core media programs like air and water, according to comments EPA regions submitted on the draft plan. EPA issues the strategic plan to comply with the Government Performance & Results Act (GPRA), which requires agencies to establish performance goals and report to Congress on their success in achieving them...

OMB Comments On Draft EPA 'Upset' Emissions Rule May Limit Citizen Suits

White House Office of Management & Budget (OMB) comments on a draft EPA rule establishing requirements for refineries, utilities and other facilities' Clean Air Act plans for minimizing "upset" emissions -- like those that build up during facility malfunctions -- could undermine environmentalists' efforts to sue facilities for failing to prevent such emissions. According to March 17 OMB comments obtained by Inside EPA , the officials are questioning language in EPA's draft final rule that environmentalists say is crucial to...

COMPANIES URGED TO RELY ON STRICT NSR TEST IN WAKE OF APPELLATE RULING

Following the appellate ruling invalidating a controversial EPA rule revamping its new source review (NSR) program, industry lawyers are urging companies to rely on a strict emissions measurement test for determining their obligations under NSR, 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 increase emissions, which would make it subject...

ARB RELAXATION OF NO2 LIMIT FOR DIESEL TRAPS DRAWS CONCERNS

Despite the potential for unhealthful levels of nitrogen dioxide (NO2) emissions from advanced particulate matter (PM) trap technology for diesel engines, the air board last week relaxed an NO2 standard to maintain a steady decline in overall PM. While concerned about exposure to sensitive populations, including schoolchildren, of NO2, air officials say relaxing the standard will benefit the population as a whole by maintaining a robust PM emission control device market. The diesel emission control technology rules are considered critical...

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