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.

STATES, ACTIVISTS RAISE CONCERNS OVER EPA DECISION TO DELIST AIR TOXIC

Activists and some state officials are challenging EPA's scientific rationale for a rare delisting of the solvent methyl ethyl ketone (MEK) from the Clean Air Act list of air toxics, warning there is too much uncertainty about MEK's health effects to warrant the delisting. EPA's action marks only the fourth time the agency has removed an air toxic from the list. Activists and states say it is too early to predict whether they will sue EPA over the rule, but...

STATE LAWMAKERS MAY FORCE MASSACHUSETTS TO REJOIN CLIMATE PACT

Massachusetts state lawmakers may pursue legislation next month forcing the state to join a regional greenhouse gas initiative, in order to overturn the decision by Gov. Mitt Romney (R) not to take part in the plan because of its cost, state officials say. Democrats who back the plan believe they likely have the votes to override a gubernatorial veto. Seven Northeast states unveiled Dec. 20 a memorandum of understanding (MOU) establishing the regional greenhouse gas initiative (RGGI), which sets up...

EPA SOFTENS STACK TESTING GUIDE FOLLOWING INDUSTRY, STATE CONCERNS

EPA has softened language in a final guidance governing how states conduct stack tests of air emissions at industrial sources from an earlier draft version, following a threatened lawsuit by two industry groups and pressure from state and local officials seeking more enforcement discretion. However, environmentalists say the final guidance may not be enough to ensure compliance with clean air permit requirements, and they may raise the issue in future court challenges of individual permits. In making the changes, EPA...

ACTIVIST SUIT SEEKS END TO EPA EXEMPTION FOR REFINERY UPSET EMISSIONS

Environmentalists are suing EPA to try to force the agency to revise its air toxic emissions standards for refineries, and end a long-standing exemption allowing refiners to burn off "upset" emissions like those that build up during refinery malfunctions, without incurring penalties for violations of air permits. However, industry officials say the exemption is necessary in order for refiners to function safely, because upset emissions can be unpredictable and uncontrollable. The industry will oppose any attempt to revise the standards...

CRITICS WARN EPA DIESEL ENGINE PLAN COULD SET BACK RETROFIT EFFORTS

State and industry officials are charging that a new EPA draft guidance intended to help state regulators credit diesel engine retrofit projects in their clean air plans could hurt the growing practice of constructing cleaner-burning diesel engines to combat local air pollution problems. The groups are especially concerned that the draft could delay distribution of key federal transportation funds that lawmakers recently allowed to be spent on diesel engine retrofits. The draft guidance, which EPA is seeking to finalize in...

NORTHEAST, MIDWEST AIR PLANS FACE HURDLES ON COST, IMPLEMENTATION

Plans to develop emissions control strategies for a "super-region" of 17 Midwest and Northeast states face a number of hurdles, including likely opposition from a range of industries that may have to install expensive emissions controls, according to state officials and other sources. Representatives from nine of the 17 states will meet in late January to discuss potential emissions reductions from power plants beyond requirements in EPA's recent mercury rule and clean air interstate rule (CAIR), in order to meet...

EPA REGIONS PLAN STRATEGIES FOR WESTERN APPROACH TO ENVIRONMENT

EPA regions that include about 20 Western states are developing draft strategy documents for EPA Deputy Administrator Marcus Peacock laying out priorities to be tracked by each region to foster greater cooperation on energy, mining, agriculture, diesel emissions, tribal programs and border issues, according to documents obtained by Inside Washington Publishers. The documents pertain to states in EPA regions VI, VIII, IX and X, or what the agency terms the "USEPA Great American West Eco-Region" and describe "conceptual work plans"...

DEFENSE BILL STUDY COULD BOLSTER DEVELOPMENT OF COAL-TO-FUEL PLANTS

An amendment to the defense authorization bill requires the Defense and Energy departments to develop a plan for building plants that turn coal into liquid fuel, which the military and some coal state governors favor but which environmentalists oppose because they question proponents' claims about the plants' environmental benefits. Sen. Robert Byrd (D-WV) included the amendment as a way to ease the nation's dependence on foreign oil. Byrd is also seeking to convince the nation to launch a high-profile "space...

DEMOCRATS ARGUE SUPERFUND LAW ESSENTIAL TO REGULATING CAFOS

Key House Democrats are fighting a legislative push to exempt agricultural air emissions from Superfund law by arguing that the cleanup statute provides key protections that are not available under air and water laws. But the legislative fight over the issue is likely to be deferred until next year, after failed attempts to attach the legislative exemption as a rider to appropriations bills, congressional sources say. Congress is considering whether to exempt manure from concentrated animal feeding operations (CAFOs) from...

DOD ORDER UPDATES INSTALLATION CLEAN ENERGY, GREENHOUSE GAS GOALS

The Defense Department is updating Clinton-era goals for military installations to increase use of renewable energy and cut greenhouse gas emissions to reflect new energy law requirements, a development that energy efficiency advocates say could result in the military significantly reducing its environmental impacts if it is able to meet the revised goals. Military officials say the updated goals could help them reduce energy usage and cut greenhouse gases as a way to lessen military dependence on foreign oil. DOD...

PROPOSED PM STANDARDS IGNITE DEBATE ON STRINGENCY, MONITORING

Proposed new standards for particulate matter (PM) EPA unveiled Dec. 21 are already touching off a debate over the adequacy of the limits and how to measure compliance with them, after EPA called for tightening the current daily fine particulate matter (PM2.5) standard but declined to endorse more stringent controls agency staff recommended. Relevant documents are available on InsideEPA.com. Environmentalists and some state officials are criticizing the agency's proposal, claiming it ignores EPA staff recommendations that the agency either issue...

STORMWATER EXEMPTION EMERGES AS KEY ISSUE IN EPA CAFO RULE CHANGES

EPA's court-ordered effort to revise its rule regulating concentrated animal feeding operations (CAFOs) is facing a key test over whether the agency will require facilities that discharge stormwater, but no other pollutants, to obtain discharge permits. Environmentalists are arguing that such permits should be required, while key Republican lawmakers and the agriculture industry are pushing for an exemption in revisions to the CAFO rule the agency plans to unveil later this month. The dispute over the stormwater issue comes as...

INDUSTRIES SEEN PURSUING EMISSION REDUCTION CREDIT FOR SHIP PROJECTS

Oil and energy industry representatives plan to ask state air officials to allow ships that use pollution-prevention technologies at California ports to qualify for emission reduction credits (ERCs) that can be used in existing and potentially future trading programs. Many air officials see ERC trading programs as an efficient environmental regulatory strategy, while industry believes expanding ERCs to mobile and other "nontraditional" pollution sources is critical to spurring economic and industrial growth in California. But environmental justice advocates argue that...

ARB RESTARTS CONTROVERSIAL DIESEL OFF-ROAD EQUIPMENT RULEMAKING

Air board staff has revived a stalled rulemaking to reduce emissions from diesel-fueled, off-road vehicles, including construction equipment and forklifts, revising preliminary regulatory concepts floated in July. The new control measure proposals are expected to be unveiled in late January, prior to two workshops on the rulemaking. State officials consider the rule critical because it targets major unregulated sources of diesel particulate matter (PM) pollution, which the Air Resources Board has yet to target in its sweeping diesel risk reduction...

CLIMATE CHANGE, ENERGY, INFRASTRUCTURE BILLS SEEN IN 2006

Energy, infrastructure, growth, waste and climate change legislation is expected to take priority next year, according to sources. The 2006 legislative year may also feature more interaction between Gov. Arnold Schwarzenegger and Democratic legislators to reach compromises over key bills. Schwarzenegger, Assembly Speaker Fabian Nunez (D-Los Angeles) and Senate President pro Tem Don Perata (D-Oakland) are expected to negotiate a monumental infrastructure improvement bond. A Perata bill, SB 1024, is scheduled to appear on the June 2006 ballot as a...

EPA REGIONS PLAN STRATEGIES FOR WESTERN APPROACH TO ENVIRONMENT

EPA regions that include about 20 western states are developing draft strategy documents for EPA Deputy Administrator Marcus Peacock laying out priorities to be tracked by each region to foster greater cooperation on energy, mining, agriculture, diesel emissions, tribal programs and border issues, according to documents obtained by Inside EPA. The documents pertain to states in EPA regions VI, VIII, IX and X, or what the agency terms the "USEPA Great American West Eco-Region" and describe "conceptual work plans" for...

CRITICS WARN EPA DIESEL ENGINE PLAN COULD SET BACK RETROFIT EFFORTS

State and industry officials are charging that a new EPA draft guidance intended to help state regulators credit diesel engine retrofit projects in their clean air plans could hurt the growing practice of constructing cleaner-burning diesel engines to combat local air pollution problems. The groups are especially concerned that the draft could delay distribution of key federal transportation funds that lawmakers recently allowed to be spent on diesel engine retrofits. The draft guidance, which EPA is seeking to finalize in...

PROPOSED PM STANDARDS IGNITE DEBATE ON STRINGENCY, MONITORING

Proposed new standards for particulate matter (PM) EPA unveiled Dec. 21 are already touching off a debate over the adequacy of the limits and how to measure compliance with them, after EPA called for tightening the current daily fine particulate matter (PM2.5) standard but declined to endorse more stringent controls agency staff recommended. Relevant documents are available on InsideEPA.com . Environmentalists and some state officials are criticizing the agency's proposal, claiming it ignores EPA staff recommendations that the agency either...

DEFENSE SPENDING BILL INCLUDES $80 MILLION CUT TO FY06 EPA PROGRAMS

The stalled Defense Department appropriations bill, which became a vehicle for an effort to open an Arctic wildlife refuge to oil and gas drilling, also includes a 1 percent across-the-board cut that would slash EPA's fiscal year 2006 budget by almost $80 million. But House and Senate negotiators rejected a White House plan to cut EPA's popular clean water infrastructure funding program by an additional $166 million this fiscal year. In addition, negotiators rejected a Senate Republican push to exempt...

EPA SOFTENS STACK TESTING GUIDE FOLLOWING INDUSTRY, STATE CONCERNS

EPA has softened language in a final guidance governing how states conduct stack tests of air emissions at industrial sources from an earlier draft version, following a threatened lawsuit by two industry groups and pressure from state and local officials seeking more enforcement discretion. However, environmentalists say the final guidance may not be enough to ensure compliance with clean air permit requirements, and they may raise the issue in future court challenges of individual permits. In making the changes, EPA...

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