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.

MARYLAND GOVERNOR'S UTILITY PROPOSAL PROMPTS FIGHT WITH DEMOCRATS

Maryland Democrats and environmental groups are criticizing Gov. Robert Ehrlich's (R) recent proposal to regulate power plant emissions of three pollutants, even though it goes beyond the limits in EPA's mercury rule and clean air interstate rule (CAIR). Democratic opponents say the regulatory plan is not stringent enough and should address emissions of carbon dioxide (CO2). Democrats plan to push ahead with their attempt to pass legislation that includes CO2 regulations. One environmentalist claims Ehrlich's proposal is "a political move"...

ENVIRONMENTAL GROUPS LAY OUT KEY ISSUES FOR 2006 GOVERNOR'S RACE

As California's two front-running Democratic candidates for governor scramble for early environmental organization endorsements for the 2006 race, several environmental issues are expected to play a big part in their campaigns, activists say. Gov. Arnold Schwarzenegger also remains in the running for these endorsements, sources say, despite the release this month of a somewhat critical Sierra Club report on his performance. Meanwhile, last week's special election is seen by some environmentalists as a referendum on Schwarzenegger himself that may impact...

TRIBES PLAN BROAD STUDY ON AIR QUALITY IN PUSH FOR GREATER AUTHORITY

Native Americans for the first time are conducting a comprehensive assessment of the state of air quality in Indian country, as part of a push for EPA to provide them with greater funds and air permitting authority to clamp down on pollution on tribal lands. The effort underscores the growing concern among tribal officials that they are being overlooked on a range of federal and state policy issues, including plans to curtail mercury emissions from power plants and minimize the...

EPA SEEKS WAYS TO LESSEN EMISSIONS REPORTING BURDEN FOR CAFOS

EPA may streamline requirements for concentrated animal feeding operations (CAFOs) to report air emissions under Superfund law, in the face of legislation seeking to exempt the agricultural industry from the reporting mandates. But the scope of EPA's action remains unclear, and it is uncertain whether any administrative changes to the rules would satisfy industry concerns. For these reasons, lawmakers are making a renewed attempt to pass legislation exempting agricultural operations from both reporting and cleanup requirements under Superfund. A top...

EPA EYES OPTIONS FOR CONTENTIOUS BIENNIAL REPORTING RULE UNDER TRI

EPA is considering options for structuring its recently announced proposal to allow biennial reporting of chemical releases under the Toxics Release Inventory (TRI), including a proposal to limit the reporting relief to certain industries or certain chemicals, according to environmentalists and other sources tracking the issue. While EPA indicated its intent to reduce the currently required annual TRI reports to biennial reports, it cannot propose a rule to that effect until one year after its September notification to Congress that...

EPA-CANADA STUDY MAY OFFER CROSS-BORDER BOOST FOR 'CLEAR SKIES'

A joint EPA-Canada study affirming the feasibility of a cross-border emissions trading program could bring new attention to the Bush administration's stalled Clear Skies proposal, which has languished in Congress for several years. The study says a Clear Skies-type program that employs a cap-and-trade approach to reducing acid rain and ground-level ozone would achieve greater air quality benefits throughout both countries at a lower cost than alternative approaches. The study is available on InsideEPA.com. The study represents a significant first-step...

LAWMAKERS EYE EXEMPTING DOJ FROM BILL LIMITING CONSENT DECREES

In a bid to win broader support, Republican backers of legislation that would allow state and local governments to ask courts to vacate consent decrees may exempt decrees initiated by the Department of Justice (DOJ) on behalf of EPA and other federal agencies, several sources following the issue say. The bills have generated strong criticism from EPA sources, Democrats, environmentalists and civil rights activists, who fear it would allow defendants to continue violating the law and unravel long standing and...

DRAFT OMB BULLETIN REQUIRES FIRST-TIME REVIEW OF EPA GUIDANCE DOCUMENTS

The White House Office of Management & Budget (OMB) on Nov. 23 released a controversial draft "bulletin for good guidance practices" which would require first-time review of EPA and other agencies' guidance documents, which agency sources say could complicate their work in air and other programs. EPA officials widely criticized the document ahead of its release, saying it would vastly expand OMB oversight of non-binding guidance documents and cripple their ability to complete critical work in the air, water, waste...

EPA BACKS KEY RISK REPORTING RULES AS REGULATORY REVIEW COMMENCES

EPA is defending its Clean Air Act rules requiring companies to develop controversial risk management programs, as the agency is initiating a mandatory Regulatory Flexibility Act (RFA) review, under which businesses can question whether there is a "continued need" for the 10-year-old regulations. "In the Agency's view, there is a continued need for the rule because it calls on sources to reduce the probability and adverse consequences of accidental releases of substances that have the potential to cause immediate harm...

LEGAL EXPERTS DEBATE APPEALS RULING IMPACT ON AIR ENFORCEMENT

Environmentalists say a federal court ruling could enhance activists' ability to cite clean air monitoring data in pursuing alleged environmental violations, though industry attorneys are downplaying the significance of the decision. The U.S. Court of Appeals for the 11th Circuit issued a summary judgment ruling Nov. 22 in Sierra Club, Alabama Environmental Council, Inc. v Tennessee Valley Authority over alleged opacity violations -- a measure of particulate matter pollution -- at a power plant in Colbert County, AL. The ruling...

DOJ SEEKS TO EXPAND D.C. CIRCUIT PLAN THAT MAY LIMIT STANDING

The Department of Justice (DOJ) is urging the U.S. Court of Appeals for the District of Columbia Circuit, which hears many direct legal challenges of EPA and other agencies' regulations, to expand a procedural plan that observers say will limit environmentalists and other "non-regulated" parties' ability to challenge federal agency rules. DOJ says that the court should extend the new requirements on standing to both regulated and non-regulated parties. DOJ also urges the court to require groups to demonstrate their...

Bingaman Seeks To Move Climate Change Bill Prior To 2006 Elections

NEW YORK -- Sen. Jeff Bingaman (D-NM), who won Senate endorsement earlier this year of a resolution calling for mandatory climate change controls, is suggesting he will try to move a new version of his climate change legislation early next year as a way to force attention to the issue during the 2006 election season. However, Bingaman is also cautioning that state-level efforts to regulate greenhouse gases may complicate efforts to reach a national agreement. At a Nov. 30 climate...

Ruling May Bolster Activists' Bids To Cite Air Monitoring Data In Lawsuits

Environmentalists say a federal appellate court ruling could enhance activists' ability to cite clean air monitoring data in pursuing alleged environmental violations, though industry attorneys are downplaying the significance of the decision. The U.S. Court of Appeals for the 11th Circuit issued a summary judgment ruling Nov. 22 in Sierra Club, Alabama Environmental Council, Inc. v. Tennessee Valley Authority (TVA) over alleged opacity violations -- a measure of particulate matter pollution -- at a power plant in Colbert County, AL...

States Object To Using CAIR As Control Substitute In Ozone Rule

States officials and environmentalists are objecting to EPA's declaration that its clean air interstate rule (CAIR) removes the need for additional controls on power plants in some state plans for meeting the agency's ozone standard. This criticism is one of many state concerns over EPA's new ozone implementation rule, which appears likely to face litigation from states, environmentalists and industry groups. EPA issued a final rule on implementing the second phase of its plan for the agency's strict 8-hour ozone...

EPA'S 'NO-ENFORCEMENT' PLAN FOR HURRICANE DEBRIS BACKS SAB CALL

EPA's enforcement office has set strict conditions for open burning of asbestos-laden wastes along Louisiana's Gulf Coast in response to concerns raised by the agency's Science Advisory Board (SAB). The Louisiana Department of Environmental Quality (LDEQ) is seeking permission for open burning of damaged buildings that contain asbestos as a way to reduce the amount of debris that must be disposed of in the state's landfills. In response, EPA's enforcement office late last month decided to attach a number of...

TO BOOST FUTURE CHANCES, INDUSTRY DELAYS PUSH TO RELAX EMISSION CUTS

Faced with inadequate Senate support, industry officials are delaying a push for legislation extending deadlines for states to meet EPA's air quality standards, and will instead make their push for support closer to an approaching 2010 deadline that applies to many areas of the country. The move is intended to create a sense of urgency that may give future legislation necessary momentum to pass, industry and environmentalist sources say. These sources say the Senate has little appetite to amend the...

California Seen Backing Away From Specific Cap-And-Trade Option In GHG Plan

California officials leading Gov. Arnold Schwarzenegger's (R) greenhouse gas (GHG) reduction advisory panel are not expected to include in a forthcoming draft report recommendations for a specific carbon cap-and-trade program, which is seen as a minor victory for industry organizations opposed to an enforceable emissions cap. While officials do plan to recommend immediate pursuit of multimedia rules to reduce GHG emissions, several state lawmakers early next year may propose their own carbon emission caps and mandatory GHG reporting for certain...

EPA 2005 ENFORCEMENT RESULTS ACCENT FUTURE CHALLENGES FOR OECA

EPA's recently released enforcement results for fiscal year 2005 highlight the challenges EPA's new enforcement chief -- and the next administration -- will face in winning large penalties and pollution reductions because they show the agency is relying heavily on clean air cases that are probably not valid under new Bush administration rules, according to former EPA officials, environmentalists and congressional sources. The agency's current penalty and pollution reduction totals rely heavily on Clean Air Act new source review (NSR)...

LAWMAKERS EYE EXEMPTING DOJ FROM BILL LIMITING CONSENT DECREES

In a bid to win broader support, Republican backers of legislation that would allow state and local governments to ask courts to vacate consent decrees may exempt decrees initiated by the Department of Justice (DOJ) on behalf of EPA and other federal agencies, several sources following the issue say. The bills have generated strong criticism from EPA sources, Democrats, environmentalists and civil rights activists, who fear it would allow defendants to continue violating the law and unravel long standing and...

EPA EYES OPTIONS FOR CONTENTIOUS BIENNIAL REPORTING RULE UNDER TRI

EPA is considering options for structuring its recently announced proposal to allow biennial reporting of chemical releases under the Toxics Release Inventory (TRI), including a proposal to limit the reporting relief to certain industries or certain chemicals, according to environmentalists and other sources tracking the issue. While EPA indicated its intent to reduce the currently required annual reports to biennial reports, it cannot propose a rule to that effect until one year after its September notification to Congress that it...

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