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.

DOE CLIMATE PLAN SEEKS TO SHIELD SCIENTISTS FROM HILL 'RETRIBUTION'

The Department of Energy (DOE) has anonymously posted the comments it received on a draft strategy governing its Climate Change Technology Program (CCTP), in order to shield the commenters, many of whom are federal scientists, from "retribution" by powerful House Energy & Commerce Committee Chairman Joe Barton (R-TX), sources familiar with the plan say. Barton caused a furor last summer when he questioned the funding sources of several prominent climate scientists ( Clean Air Report, Aug. 25, 2005, p23). One...

NORTHEAST STATES DRAFT RULE TO MANDATE NEW CONTROLS ON REFINERIES

LINTHICUM, MD -- Northeast state officials are developing a model rule for states to mandate new emission controls on refineries, in an attempt to reduce ozone levels by updating regulations on this sector in the absence of any new federal requirements on refineries. The state action could also require tighter industrial controls than is mandated under a series of EPA consent decrees with refining companies. The Ozone Transport Commission (OTC)'s model rule will require reductions in nitrogen oxide (NOx), sulfur...

BUDGET CUTS MAY PROMPT STATES TO RETURN DELEGATED PROGRAMS TO EPA

Sweeping funding cuts for state programs in the White House's proposed budget for fiscal year 2007 are pushing states to consider returning to EPA the control, and related cost, of some environmental programs, including air toxics programs under the Clean Air Act. One state official notes that, while EPA is facing a nearly $310 million budget cut in FY07, funding for state environmental programs was cut by $416 million. "Effectively, EPA is growing at the expense of state and local...

UTILITIES URGE OTC STATES TO ALTER APPROACH IN MULTI-POLLUTANT RULE

LINTHICUM, MD -- Utility industry officials are urging Northeast states to abandon a pending multi-pollutant model rule to require region-wide power plant emission cuts, and instead only issue controls on a case-by-case basis for individual plants if federal controls prove insufficient for reducing pollution. At a Jan. 24 meeting here of the Ozone Transport Commission's (OTC) control strategy committee, air officials announced a revised strategy for reducing nitrogen oxide (NOx) and sulfur dioxide (SO2) emissions from utilities, beyond levels mandated...

OIL INDUSTRY RAISES CONCERNS ON NEW FUEL MANDATE IN STATE STRATEGY

A petroleum industry group is raising legal concerns over a state's attempt to impose a new fuel blend requirement, underscoring difficulties that other states could face if they attempt to mandate so-called "boutique" fuels in order to meet a strict new EPA ozone standard. Ohio is attempting to end a generally unpopular vehicle inspection/maintenance (I/M) requirement for vehicles and substitute it with a new fuel blend to control pollution. The American Petroleum Institute (API) sent a Jan. 31 letter to...

EPA DRAWS CRITICISM FOR FAILURE TO REGULATE PM2.5 PRECURSORS

Some states and activists are criticizing EPA's proposal not to require states to mandate controls of ammonia and volatile organic compound (VOC) emissions when they draft their air quality plans for meeting the agency's existing fine particulate matter (PM2.5) standard, arguing these emissions should be regulated as precursors to PM2.5 pollution. Regulation of these pollutants may impact industries including animal feeding operations, chemical plants, pulp and paper manufacturers, automobile manufacturers, and the iron and steel industry, among several other industry...

EPA SCIENCE ADVISERS PLAN TO URGE EPA TO FOLLOW PM RECOMMENDATION

EPA science advisers are taking the unprecedented step of urging EPA to revise its proposal on air quality standards for particulate matter (PM), after the agency declined to follow the advisers' recommendations to tighten the annual standard for the pollutant. During a Feb. 3 teleconference, the majority of members of EPA's Clean Air Science Advisory Committee (CASAC), which plays a congressionally mandated role in EPA's process for setting new air quality standards, decided to write a letter to EPA Administrator...

COMPETING STUDIES ON ENGINE SAFETY MAY HINDER PUSH FOR NEW RULES

EPA will release a report in the coming weeks that is expected to pave the way for small engine emissions regulations, and dismiss concerns from some manufacturers that new rules would create a safety hazard. But a separate, industry-funded study expected later this year may contain alternate safety findings, complicating EPA's push for a regulation, industry sources say. Engine companies are divided on whether they support new pollution controls, and the issue has also prompted attention from key members of...

INDUSTRY RAISES FEDERAL PREEMPTION CONCERNS OVER LOCAL RAIL IDLING RULE

The railroad industry may sue over a California air district's new rule to target locomotive idling, arguing the entire field of rail transportation regulation is preempted by the Clean Air Act and federal law governing railroads. The rule could serve as a model for states and local air districts looking to reduce diesel pollution from trains immediately, instead of waiting for EPA to issue a rule long in development that would not address train emissions until 2011, activist and state...

UNION CALL FOR PORT EMISSIONS CUTS COULD BOOST STATE AIR QUALITY PLANS

A major dockworker union's call for emission cuts at the nation's ports could provide the political clout necessary for stringent controls on diesel emissions from ships and other port vehicles by state and local governments, in the face of industry concerns that such rules could harm ports' competitiveness, union officials and other sources say. The 60,000-member International Longshore & Warehouse Union (ILWU) is teaming up with Los Angeles Mayor Antonio Villaraigosa (D) to campaign for a 20 percent reduction in...

OZONE PLAN WINS ACTIVISTS' BACKING FOR WISCONSIN ETHANOL MANDATE

Several environmental groups have reversed their opposition to a bill in Wisconsin to mandate ethanol in gasoline, after lawmakers included a backstop provision intended to halt the mandate if it is found to worsen summer ozone problems. The compromise bill could become a model for a host of other states now considering an ethanol requirement, which has been established in very few states to date. But business groups and some state officials argue these bills could make it more difficult...

INDUSTRIES EYE SENATE AIR ACT HEARING TO PUSH NATURAL GAS PRICE RELIEF

An upcoming Senate environment committee hearing on the impact of Clean Air Act regulations on natural gas prices could give manufacturing industries an opportunity to make their case for legislative or administrative relief from environmental requirements, and renew their push to expand drilling for natural gas, industry sources say. These sources say the hearing may also act as a preview to legislation to swiftly open up coastal areas for natural gas exploration, with Senate energy committee chair Pete Domenici (R-NM)...

STATE OF UNION BLUNTS ENERGY ATTACKS BUT LEAVES OIL USE UNRESOLVED

President Bush's State of the Union call for a new emphasis on renewable fuels and advanced vehicles reflects an effort to blunt ongoing Democratic criticism of the administration's oil-industry ties but fails to resolve significant technical and political questions obstructing efforts to reduce oil use, according to auto industry, environmentalist, and other sources. Industry and other sources say Bush's remarks show Republicans regard both the 2005 energy law and the White House's existing hydrogen initiative as an insufficient political response...

DOE OFFICIAL LAUDS FLEXIBLE-FUEL CARS BUT SAYS CONGRESS MUST LEAD

A senior Bush administration energy official said mandatory availability of flexible-fueled vehicles (FFVs) nationwide would be good public policy but called on Congress to take the lead. The official's comment reflects a growing consensus on U.S. energy independence and the role of cleaner-burning alternative fuels, as well as political finger pointing over who bears responsibility for leadership in addressing the nation's energy problems. The Department of Energy (DOE) official made his remarks during a panel discussion on energy sustainability and...

SOME EVANGELICALS PLOW AHEAD ON CLIMATE AMID CONSERVATIVE OPPOSITION

A group of evangelical Christians is planning to issue a statement calling for federal action to address global warming after strong opposition by prominent religious conservatives effectively derailed efforts to have the National Association of Evangelicals (NAE), a major Christian organization that says it represents over 30 million people, endorse the statement, according to documents and sources involved with the talks. A recent memo from the office of Richard Cizik, the NAE vice president for governmental affairs, said that "a...

MCCAIN EYES CHANGES TO CLIMATE BILL TO BOLSTER SENATE SUPPORT

Sen. John McCain (R-AZ) may change three key areas of his legislation to impose first-time economy-wide mandates to reduce carbon dioxide (CO2) emissions, in an attempt to win new support for the bill and reclaim votes he lost after adding incentives for boosting nuclear power, a Republican source says. McCain and co-sponsor Joseph Lieberman (D-CT) are considering changes that may be necessary to gather sufficient bipartisan support to pass the bill including: altering its deadlines and emission caps, offering more...

PANEL'S APPROVAL OF FARM EMISSIONS PLAN SETS STAGE FOR COURT REVIEW

An EPA review board's approval of a controversial plan to shield animal feeding operations (AFOs) from Clean Air Act and Superfund enforcement has paved the way for a legal battle in federal court over whether the agency has the discretion to provide this exemption, sources say. Environmentalists argue EPA is taking the unprecedented step of crafting an enforcement plan that has the effect of a rulemaking. The agreement also requires a scientific study of emissions from AFOs, which may prove...

EPA FINDS NEW UTILITY EQUIPMENT LEAKING POTENT GREENHOUSE GAS

A recent EPA study shows new high-voltage electrical equipment installed to reduce greenhouse gas (GHG) emissions is leaking an extremely powerful GHG at higher-than-anticipated rates, suggesting the agency will have to take new action under a voluntary partnership with utilities and equipment makers to curb the unexpected emissions. The findings present a new challenge for an EPA partnership with the utility industry geared toward reducing emissions of the gas, sulfur hexafluoride (SF6), through strategies that include upgrading older leaking equipment...

SENATE ENERGY PANEL'S CLIMATE PLAN REKINDLES JURISDICTIONAL BATTLE

A Senate energy committee effort to push forward with discussions on a possible mandatory climate change program is renewing a jurisdictional face-off with the environment committee over the proper venue for developing the initiative, in a dispute that underscores continuing resistance to climate legislation. Energy committee aides, however, are indicating their intention to press on with the debate on the issue prior to resolving the procedural concerns. At a Feb. 2 briefing for reporters, staff for energy committee chairman Pete...

SEC BACKS SHAREHOLDER CHALLENGE TO GE GREENHOUSE GAS CONTROLS

The Securities & Exchange Commission (SEC) has agreed with a free-market advocacy group that General Electric (GE) must allow shareholders to vote on whether the company must defend the commercial benefit of its climate change policies, which are part of its highly publicized "Ecomagination" campaign. The SEC decision is a victory for the Free Enterprise Action Fund (FEAF), which has questioned the business sense of GE's policies to reduce climate change emissions, but it could have a chilling effect on...

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