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.

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...

ENVIRONMENTALISTS CITE NSR RULING TO BOOST BID FOR HIGH COURT REVIEW

Environmentalists are citing last week's appellate ruling rejecting a key Bush administration new source review (NSR) reform in a legal brief filed March 21 to bolster their effort to have the Supreme Court review a separate but related NSR enforcement ruling that activists are hoping the high court will overturn. NSR generally requires facilities to install state-of-the-art emissions controls if a modification increases emissions. The U.S. Court of Appeals for the District of Columbia Circuit March 17 vacated EPA's NSR...

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. 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 standards, which limit the amount of...

Judge's NSR Vote May Undermine Activists' Attacks On GOP Judicial Picks

Federal appellate Judge Janice Rogers Brown's vote last week to overturn the Bush administration's controversial new source review (NSR) reforms could help conservatives beat back future attacks from environmentalists on Republican judicial nominees, conservative legal scholars say. Brown, who drew strenuous objections from environmentalists when President Bush nominated her to the bench in 2003, sided with the activists last week in one of the most significant environmental rulings in years, leading conservatives to say claims that she would dismantle strict...

EPA Faces Push From Science Advisers To Broaden Coarse PM Standard

EPA's science advisers are urging the agency to address both rural and urban air pollution in its proposal to regulate coarse particulate matter (PM), arguing EPA may have misunderstood the advisers' initial recommendations by proposing to exempt agricultural and mining sources in rural areas. EPA's Clean Air Scientific Advisory Committee (CASAC) sent a March 21 letter to EPA Administrator Stephen Johnson raising concerns with the coarse PM proposal, which EPA issued in December alongside a proposed standard for smaller, fine...

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...

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...

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 utilities and other industrial facilities 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 and...

RAIL, AIR SUITS MAY TEST AIR ACT'S APPLICATION TO TRANSPORT SECTOR

Two recently filed lawsuits over rail and airline regulations could provide an opportunity for courts to resolve a long-standing legal question over whether statutes specific to the transportation sector trump the Clean Air Act in disputes over environmental regulations that affect mobile sources, legal observers and other sources say. The rail industry is suing a California air district over rules on engine idling, claiming they violate rail industry statutes that take precedence over the air act, even if a court...

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

EPA's failure to follow recommendations by 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 agency science advisers on a broader EPA review of how officials set national ambient air quality standards (NAAQS). Two members of the clean air scientific advisory committee (CASAC) are warning in comments made public late last week that the agency may have opened...

NEW RESEARCH MAY ADD TO PRESSURE ON EPA TO STRENGTHEN PM PROPOSAL

Two major new studies suggest that EPA has failed to issue an adequate proposal for a new fine particulate matter (PM2.5) standard and may increase pressure on the agency to strengthen the plan in the face of criticism that officials ignored scientific recommendations ( see related story ). The studies have been published as EPA is conducting a broader review over the ways it considers scientific evidence for this and other national ambient air quality standards (NAAQS). One of the...

EPA QUESTION FOR NAAQS REVIEW RAISES CONCERN OVER FUTURE STANDARDS

A survey question EPA has developed for its upcoming review of how officials set air quality standards is raising concerns that the agency may be opening the door to allowing outside groups to challenge staff advice on how much public health protection is justified by available scientific data, agency and academic sources say. The question asks whether EPA staff adequately separates scientific data from recommendations to the administrator about what level of protection the clean air standards should provide. But...

INDUSTRY EYES EPA VOLUNTARY PLAN TO LIMIT BID FOR NEW REFRIGERANTS

A voluntary agreement between EPA and the refrigeration industry may help industry counter environmentalists' efforts to promote alternatives to greenhouse gases used as refrigerants, by encouraging companies to minimize the refrigerants' emissions but not to look for alternatives. Environmentalists have been campaigning for several years for the air conditioning and refrigeration industry to avoid substances thought to contribute to climate change, and they have gained the support of major soft drink and fast food corporations in an initiative featured at...

INDUSTRY DIVISIONS COMPLICATE SENATE PUSH FOR FEDERAL CLIMATE PLAN

A barrage of comments sent to the Senate on designing possible climate change legislation underscores significant divisions within the utility industry and other sectors on how to develop a regulatory system to control greenhouse gases. In particular, companies are split over where in the supply chain regulations should be imposed, how to allocate emissions allowances and whether Congress should even impose any mandatory controls. Some industry officials are also pushing for cost limits that observers say could hamper U.S. efforts...

FEINSTEIN CLIMATE BILL SEEKS MIDPOINT AMONG OTHER SENATE PROPOSALS

Sen. Dianne Feinstein (D-CA) has floated draft climate change legislation that appears to seek out a political middle ground between the climate bill proposed by Sens. John McCain (R-AZ) and Joseph Lieberman (D-CT), and a less stringent draft proposal by Sen. Jeff Bingaman (D-NM). At the same time, Feinstein appears to be trying to gain support from the agriculture sector by providing broad opportunities to earn greenhouse gas emissions credits for numerous agricultural practices that store carbon in soil or...

EPA DEVELOPING POLICY ON CO2 STORAGE, BUT FACES LONG-TERM QUESTIONS

EPA is developing first-time guidelines addressing the permitting of pilot projects for underground carbon dioxide (CO2) storage -- an alternative to letting the greenhouse gas escape into the atmosphere -- in what agency and other sources say is likely a prelude to further decisions facing regulators on how to oversee geologic storage of the gas to combat global warming. But since the policy will focus on pilot projects, the agency will still face questions over how to deal with the...

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...

EPA DIESEL PLAN FACES FY07 BUDGET LIMITS AFTER DEAL ON STATE AIR GRANTS

Supporters of a new EPA program intended to encourage diesel engine retrofits have agreed to drop their push for a $150 million increase over the Bush administration's requested levels, after state and local regulators raised objections that full funding for the diesel plan could prevent lawmakers from restoring funds for state clean air grants, sources involved in the discussions say. Key senators joined by a coalition of industry and environmental groups, who had been seeking the full $200 million in...

CONGRESS FACES GROWING PRESSURE TO BOOST EPA PM MONITORING FUNDS

Congress is facing increasing pressure from states and a bipartisan group of members in the House and Senate to restore funds for states and localities to monitor particulate matter (PM) emissions after the Bush administration proposed cuts to the grant program in EPA's fiscal year 2007 budget request. In letters sent earlier this month to the Senate Budget Committee, the bipartisan leadership of the Senate Environment & Public Works Committee (EPW) says Congress should restore the $17 million cut the...

REPORT PROMPTS DEBATE OVER EPA ROLE IN SETTING STATE AIR STANDARDS

A new National Academy of Sciences (NAS) report praising California's mobile source emissions standards is prompting debate over whether EPA should have a new role in reviewing other states' efforts to adopt California's standards, which are generally stricter than EPA's. Industry sources are highlighting suggestions in the report that EPA should play a greater role in states' adoption of California standards. Environmentalists and state sources say, however, that the recommendation in the NAS report calling for a new EPA role...

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