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.

EPA Unveils 'Roadmap' Approach In Scaled-Back Mercury Strategy

EPA has unveiled a "roadmap" detailing current agency activities on controlling mercury releases in the environment, three years after state officials and environmentalists called for the agency to adopt more aggressive measures in its national strategy for dealing with the toxin. The July 5 plan , EPA's Roadmap for Mercury , describes progress EPA has made in recent years in reducing mercury, as well as ongoing mercury control efforts. According to the report, air emissions of mercury --- a potent...

Decision Leaves High Court As EPA's Last Option To Reverse NSR Ruling

A federal appellate court has rejected EPA's petition to reconsider its ruling overturning a key Bush administration new source review (NSR) regulation, leaving the Supreme Court as the agency's last remaining option to reverse the ruling. The U. S. Court of Appeals for the District of Columbia Circuit on June 30 denied EPA's petition to rehear its March 17 ruling vacating EPA's regulation seeking to reduce NSR applicability when industrial facilities replace equipment, saying the rule violated congressional intent. EPA...

EPA Considers 'Green GDP' Method In Bid To Bolster Cost-Benefit Tools

EPA is eying new approaches economists are developing to calculate the value of a clean environment to economic growth -- a controversial approach known as Green Gross Domestic Product (Green GDP) -- to boost its ability to value ecosystem improvements and help the agency cite those benefits when justifying strict regulations. Environmentalists have long argued that ecosystem "services" provide benefits to humans, such as wetlands that control flooding and provide clean water, and that damage to the ecosystems comes at...

SENATE GOP MOVES CLOSER TO TOUGH CHOICE ON ENVIRONMENT PANEL CHAIR

The Senate Republican caucus appears to be moving closer toward a tough decision over who will chair the environment committee should the GOP retain control after the midterm elections, with Sen. John Warner (R-VA), whose seniority allows him to bump Sen. James Inhofe (R-OK) from the slot, suggesting he is available to serve. Any change in committee leadership would spell a significantly different posture on climate change policies for the committee -- with Warner saying June 28 he is willing...

LAWMAKERS ECHO EPA PANEL IN BID TO SECURE BORDER INFRASTRUCTURE BANK

Lawmakers from U.S.-Mexico border states are backing calls by an EPA advisory panel to continue supporting an international development bank created to fund infrastructure projects that minimize border pollution, amid calls by leading candidates in Mexico's upcoming presidential election and U.S. Treasury officials to reduce funding. Seven lawmakers from border states sent a letter June 21 to the Treasury Department encouraging continued department support for the North American Development Bank (NADB), which was created in a side accord to the...

HIGH COURT'S DIVISIONS MAY LIMIT LEGAL CERTAINTY IN ENVIRONMENTAL SUITS

The Supreme Court's divided ruling late last month on the scope of the Clean Water Act (CWA) underscores sharp divisions among the justices since President Bush's nominees joined the court, a dynamic legal observers say will almost certainly elevate Justice Anthony Kennedy's role as the key swing vote in future environmental cases. But several observers believe that the divisions are so sharp that the court may not be able to reach consensus in environmental cases, limiting prospects for regulatory certainty...

Analysts See Nuclear Power As Big Winner Under Future Climate Plans

A new report by an investment firm says electric power companies that invest in nuclear power will benefit in the event of future climate change legislation, particularly if it requires utilities to purchase emissions allowances from the government. The report also warns that the major losers under such a plan would be coal-fired utilities. While the findings of the report are not surprising, one sustainable investment advocate who had seen an earlier version of the paper says it may be...

HIGH COURT SUIT HELPS ADVOCATES OF CO2 RULES DESPITE UNCERTAIN RESULT

The Supreme Court's decision to wade into disputes over global warming does little to mitigate -- and could even intensify -- political pressure for carbon dioxide (CO2) emissions controls, even if the high court upholds EPA arguments that it does not have to curb greenhouse gas emissions from motor vehicles, observers say. Sources say states are likely to continue pursuing their own climate regimes regardless of the upcoming high court ruling -- a fact underscored by California officials' continuing effort...

STATES FAULT EPA PUSH TO REDESIGNATE OZONE NONATTAINMENT AREAS

EPA is increasingly urging states to petition the agency to redesignate areas that previously failed to attain new ozone standards, in an effort that is designed to show air quality improvements but that state sources say further complicates their efforts to comply with major new clean air rules. State officials are complaining that they are facing looming deadlines for completing complicated state implementation plans (SIPs) for the new rules -- including the clean air visibility rule, the clean air interstate...

SENATE GOP MOVES CLOSER TO TOUGH CHOICE ON ENVIRONMENT PANEL CHAIR

The Senate Republican caucus appears to be moving closer toward a tough decision over who will chair the environment committee should the GOP retain control after the midterm elections, with Sen. John Warner (R-VA), whose seniority allows him to bump Sen. James Inhofe (R-OK) from the slot, suggesting he is available to serve. Any change in committee leadership would spell a significantly different posture on climate change policies for the committee -- with Warner saying June 28 he is willing...

ADMINISTRATION SEEKS CABINET OVERSIGHT, 'SAFETY VALVE' IN CLIMATE BILL

Cal/EPA Secretary Linda Adams said this week the Schwarzenegger Administration wants Democratic lawmakers to amend their landmark greenhouse gas (GHG) emission-reduction legislation to require a cabinet-level panel to oversee implementation, as well as to include an economic "safety valve" to protect the state's financial well-being. Environmentalists and legislative staffers supporting the bill are raising concerns about Adams' comments, saying the administration may be seeking to undermine the groundbreaking measure by watering down key provisions. The legislation, AB 32 (Assembly Speaker...

DEMOCRATS EYE STRATEGIES OVER POTENTIAL 'JOB KILLER' BILL VETOES

Environmentalists and state Democratic strategists may attack Gov. Arnold Schwarzenegger's environmental record, if the governor vetoes key environmental measures included in this year's list of industry-despised bills known as "job killer" legislation. Schwarzenegger has been known to veto bills deemed by industry to be unfriendly to business. Environmental bills on the 2006 job killer list include a landmark global warming bill that sources said would create a significant campaign issue if vetoed. The California Chamber of Commerce June 20 released...

BUILDERS' SUIT AGAINST VALLEY AIR FEE TARGETS 'RUNAWAY BUREAUCRACIES'

A lawsuit filed this week by builders against the San Joaquin Valley air district over its rules requiring developers to pay new air pollution mitigation fees is intended to prevent "renegade, runaway" bureaucracies and discourage other districts from copying the rules, a building industry source said. San Joaquin Valley air district officials responded that they were surprised by the lawsuit, given that the rule has already taken effect and that regional developers are cooperatively complying. The San Joaquin Valley air...

ENVIRONMENTALISTS CHALLENGE EPA REFINERY OPERATIONS RULE

California environmentalists have sued U.S. EPA over recently adopted amendments to a federal emissions standard rule for refineries and large chemical facilities, claiming it fails to require facility operators to minimize emissions during startup, shutdown and malfunction events. The lawsuit responds to three southern California oil refineries that emitted mass amounts of pollution in September 2005 following a power outage that deactivated pollution controls. Environmental justice (EJ) groups argue that if the rule is not changed it will pose health...

WASTE INDUSTRY SEEKS FUNDING HELP FOR ARB DIESEL TRASH TRUCK RULE

A landmark 2003 particulate matter (PM) rule governing garbage trucks is prompting new calls by the waste industry for the air board and local governments to aid waste haulers in paying for diesel truck emission reduction technology. Local governments and the state should share the costs of retrofitting and replacing polluting trash trucks, industry argues. The rule is significant because it is one of the state's first diesel emission reduction measures, and is seen as a model for future board...

AGENCIES FEAR FEDERAL FUNDING SHORTFALL MAY HURT ARB ZEV BUS GOALS

A coalition of transit agencies is raising concerns that federal funding constraints may stall the advancement of fuel cell technology and jeopardize the air board's planned expansion of its zero-emission bus (ZEB) program. But an air board spokesman dismissed those concerns, saying the board is not dependent on the funding. Expansion of bus fuel cell technology is seen by the Air Resources Board as one of several key strategies to develop clean alternative energy sources, which could be applied to...

DISPUTE OVER ARB AUTHORITY TO REGULATE SHIP EMISSIONS NEAR SHOWDOWN

A dispute between the air board and shipping industry organizations over the board's authority to control ship emissions off the coast is nearing a legal showdown, with the Office of Administrative Law (OAL) seen as the first key battleground. The dispute is critical because it may not only dramatically limit a key rule adopted by the board late last year, but also may impact other regulatory proposals down the road. A coalition of major shipping and oil industry organizations this...

DEMOCRATS URGE BUSH TO DROP PROGRAM 'SUNSET' PLAN FROM LINE-ITEM BILL

Democratic senators are recommending to President Bush that language creating a commission to "sunset" EPA and other agency programs be dropped from a bill giving the president line-item veto authority if the veto language is to succeed, Senate staff say. Bush is seeking line-item authority in an effort to control government spending by removing congressional "earmarks" from spending bills that often go to members' districts. The Senate Budget Committee June 20 approved S. 3521, the "Stop Over Spending Act of...

EPA CONSIDERS 'GREEN GDP' METHOD IN BID TO BOLSTER COST-BENEFIT TOOLS

EPA is eying new approaches economists are developing to calculate the value of a clean environment to economic growth -- a controversial approach known as Green Gross Domestic Product (Green GDP) -- to boost its ability to value ecosystem improvements and help the agency cite those benefits when justifying strict regulations. Environmentalists have long argued that ecosystem "services" provide benefits to humans, such as wetlands that control flooding and provide clean water, and that damage to the ecosystems comes at...

METHYL BROMIDE CASE ALLOWS EPA TO URGE NEW CITIZEN STANDING LIMITS

EPA is urging a federal appellate court to deny an environmental group standing to sue the agency if a regulatory decision has a low probability of hurting the group's members, in a case that could set a precedent narrowing groups' ability to challenge rules based on a quantitative analysis of the harm the regulations cause. But at the same time, EPA has qualified its argument by urging the court to re-evaluate a quantitative analysis developed by an industry group that...

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