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.

ACTIVISTS SAY REVISED NEPA REVIEW FAILS TO ADDRESS CLIMATE IMPACTS

Environmentalists are arguing that the federal government has failed to comply with the National Environmental Policy Act (NEPA) in a revised review of the air quality impacts of a proposed railroad project that will transport Western coal to Midwestern power plants, because the new analysis fails to address greenhouse gas emissions from burning the coal. The Sierra Club and the Mid States Coalition for Progress, a group representing local landowners, say in their July 5 opening brief in Mayo Foundation,...

EPA Grants First-Time Support For Flexible State Compliance Program

ALBUQUERQUE, NM -- EPA is backing a Massachusetts program that allows non-traditional compliance options for dry-cleaning facilities, a move that could lay the groundwork for the agency to approve a slew of other states' efforts to win recognition from the agency for alternative compliance programs. However, it is unclear whether agency support of the state program means EPA and state environmental commissioners have reached agreement on a broader process for considering and approving other innovative state enforcement programs. Lisa Lund,...

Auto Companies Outline Voluntary Plans To Reduce Greenhouse Gases

Some of the world's largest auto companies are detailing new plans to reduce carbon dioxide (CO2) and other greenhouse gas (GHG) emissions through product and operational changes, while also assessing risks that climate change poses to their bottom lines. The climate change-related plans are included in written responses the companies recently sent to the London-based Carbon Disclosure Project (CDP), a group of institutional investors. CDP plans to hold an event providing an overview and assessment of the responses in September...

UTILITIES FACE STRICT PENNSYLVANIA MERCURY RULE AFTER NIXING TRADING

Pennsylvania utilities are facing a strict mercury control regulation exceeding EPA requirements after power companies rejected an amendment to a pending mercury bill that would have allowed limited emissions trading within the state, according to power industry, state and other sources. The utilities' rejection of the trading plan makes it increasingly likely that the Pennsylvania legislature will not agree on an alternative to the strict state mercury proposal, despite efforts by critics of the rule to move legislation that would...

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, ACTIVISTS SEEK INDUSTRY ALLIES IN HIGH COURT CLIMATE CASE

States and environmental groups that successfully convinced the Supreme Court to hear a high-stakes case over whether EPA is required to regulate carbon dioxide (CO2) are now trying to convince industry groups that have supported CO2 regulation to weigh in on their behalf, after an electric utility company filed a brief in a separate CO2 case being heard in a lower court. State and environmentalist sources familiar with both cases say it is highly significant that New Orleans-based Entergy Corp...

OIL INDUSTRY BIDS FOR ELIMINATING FIVE-YEAR NAAQS REVIEW IN AIR ACT

A petroleum industry group is mounting a legislative push to remove a Clean Air Act requirement that EPA review national ambient air quality standards (NAAQS) every five years, which could come up for discussion at a hearing Sen. George Voinovich (R-OH) has scheduled over EPA's controversial proposal for new fine particulate matter (PM2.5) standards. EPA is already seeking to amend its NAAQS review process to ensure that it can meet the five-year review deadline. But agency officials are struggling to...

SENATE GOP MOVES CLOSER TO TOUGH CHOICE ON ENVIRONMENT PANEL CHAIR

The Senate Republican caucus appears to be moving closer to 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. Warner said June 28 he was willing to be...

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 addressing 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 neurotoxin --...

EPA REVIEWS SNAP RULES TO ENSURE CONSISTENCY WITH POSITION IN CO2 SUIT

EPA is scrutinizing its long-established practice of considering the global warming potential (GWP) of proposed substitutes for ozone-depleting substances to ensure it is consistent with the agency's arguments in the pending Supreme Court case over EPA authority to regulate carbon dioxide (CO2) emissions from mobile sources. An agency source says officials are reviewing two draft regulations for the agency's Significant New Alternatives Policy (SNAP) program -- which prescribes alternatives to ozone-depleting chemicals -- over concerns that criteria the agency uses...

AUTO COMPANIES OUTLINE VOLUNTARY PLANS TO REDUCE GREENHOUSE GASES

Some of the world's largest auto companies are detailing new plans to reduce carbon dioxide (CO2) and other greenhouse gas (GHG) emissions through product and operational changes, while also assessing risks that climate change poses to their bottom lines. The climate change-related plans are included in written responses the companies recently sent to the London-based Carbon Disclosure Project (CDP), a group of institutional investors. CDP plans to hold an event providing an overview and assessment of the responses in September...

NORTHEAST MAY EXTEND CLIMATE CAP TO COVER ELECTRICITY IMPORTS

Northeast states are considering expanding a regional cap on carbon dioxide (CO2) emissions to cover companies that import electricity from states not subject to the mandate, in order to curb emissions "leakage" that could result if the climate change program displaces power generation into other areas of the country. But the states may face challenges in crafting the program, including legal questions that it could violate the Commerce Clause of the Constitution by regulating electricity in other states. At the...

DELAY ON STATE RGGI BILL MAY FORESHADOW FIGHT ON CREDIT ALLOCATIONS

The Massachusetts legislature will likely put off until next year a bill to join the Northeast regional greenhouse gas initiative (RGGI), with observers expecting a dispute over a provision in the bill that requires the state to auction all of its allowances to generators. Massachusetts was one of the key states involved in crafting the agreement to lower carbon dioxide (CO2) emissions in Northeast states, until Gov. Mitt Romney (R) dropped out of the program late last year because of...

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

California Gov. Arnold Schwarzenegger (R) wants Democratic state 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, according to California EPA (Cal/EPA) Secretary Linda Adams. Environmentalists and legislative staffers supporting the bill are raising concerns about Adams' comments, saying the governor may be seeking to undermine the groundbreaking measure by watering down key provisions. "The...

DOE, INDUSTRY, CONGRESS GRAPPLE WITH CO2 LIABILITY FOR FUTUREGEN

Members of Congress, the Energy Department (DOE) and industry are debating ways to shield participants in DOE's FutureGen power plant project from potential liabilities for storing the resulting carbon dioxide (CO2) emissions underground, as part of an effort to build a landmark near-zero emissions power facility. A House Science Committee lawmaker floated a proposal during a June 26 markup of energy-related legislation that would create new authority to protect FutureGen participants from liability, although the committee did not include the...

ADVISERS OPPOSE EPA PLAN TO LIMIT PANEL'S ROLE IN NAAQS PROCESS

EPA science advisers are opposing an agency plan to have political appointees provide more input into national ambient air quality standards (NAAQS), and instead are urging the agency to expand their role to ensure they consider "critical" policy issues, rather than redundant scientific information. EPA Acting Assistant Administrator for Air & Radition William Wehrum and science chief George Gray have developed a proposal for revising the agency's process for setting NAAQS. The plan seeks to ensure that EPA meets Clean...

WISCONSIN EYES MAKING IGCC 'BEST TECHNOLOGY' IN AIR PERMIT REVIEWS

Wisconsin officials may require integrated gasification combined cycle (IGCC) in clean air permits at a time when EPA and other states are generally rejecting such a requirement for the clean coal technology that can reduce air pollution and ease capture of carbon dioxide (CO2). But Wisconsin's suggestion, contained in a draft report scheduled to be finalized later this month, is drawing opposition from utilities who say requiring the costly technology would unlawfully exceed EPA standards and put facilities in the...

EPA REPORT TOUTS IGCC BENEFITS DESPITE DENYING BACT DETERMINATION

EPA's new report on integrated gasification combined cycle (IGCC), the clean coal emissions technology that proponents say is critical to capturing carbon dioxide (CO2) and limiting other emissions, is strongly touting the technology's benefits even though the agency in 2005 stopped short of recommending IGCC for clean air permits. The agency released the report in the midst of settlement talks with environmentalists over its recommendation. An environmentalist say activists are pressing the agency to issue guidance that would limit the...

DECISION LEAVES HIGH COURT AS EPA'S LAST OPTION TO REVERSE NSR RULING

A federal appellate court has rejected EPA's petition to reconsider the court's 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 June 30 denied EPA's petition to rehear the court's March 17 decision vacating EPA's regulation seeking to reduce NSR applicability when industrial facilities replace equipment, saying the rule violated congressional intent...

DEVELOPERS FILE SUIT OVER LOCAL AIR RULE ON REAL ESTATE IMPACTS

Builders have filed suit against California's San Joaquin Valley air district over innovative rules that impose fees on real estate projects to offset the impact of traffic pollution, with the lawsuit an apparent effort to discourage other regions from copying the rules. Air district officials say they are surprised by the lawsuit, given that the rule has already taken effect and that regional developers are cooperatively complying. The San Joaquin Valley air district's "indirect source rule" and accompanying fee rule...

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