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.

AMID SENATE CONFIRMATION FIGHT, WEHRUM DETAILS AIR OFFICE PRIORITIES

Despite a threatened Senate hold on his nomination to head EPA's air office, acting air chief William Wehrum is plowing ahead with his regulatory agenda, laying out his priorities for air pollution regulation over the coming year. Wehrum identified the priorities to the Clean Air Act Advisory Committee (CAAAC) on April 6, following an April 5 Senate confirmation hearing where he was grilled over his role in controversial policies the air office has already implemented. Sen. George Voinovich (R-OH) said...

DEMOCRATS' OPPOSITION MAY FORCE RECESS APPOINTMENT FOR AIR CHIEF

President Bush will likely have to install William Wehrum, his nominee to head EPA's air office, as a recess appointment because of an expected hold from Democrats critical of the administration's air policies, according to Sen. George Voinovich (R-OH). Voinvoich told Wehrum at an April 5 Senate Environment & Public Works Committee confirmation hearing that Democrats are "probably going to stop you" from being approved by the Senate to take on the role of EPA's assistant administrator for air and...

RISING ENERGY PRICES MAY ADD TO EPA SPENDING WOES IN FISCAL YEAR 2007

EPA says its fixed costs are expected to increase in fiscal year 2007, particularly in light of skyrocketing energy prices, raising questions over whether agency program offices may have to shoulder a greater burden if Congress approves deep funding cuts proposed by the Bush administration. In written correspondence to Sen. James Jeffords (I-VT), ranking member on the Senate Environment & Public Works Committee, EPA says oil and natural gas prices will add to the agency's budget woes in FY07. "Utility...

SUPPORT GROWS FOR HOUSE BILL EXEMPTING CAFOS FROM AIR MANDATES

A House bill is gaining momentum that would exempt concentrated animal feeding operations (CAFOs) -- a source of ammonia and other air emissions -- from emissions reporting and cleanup requirements under Superfund law, with over 100 co-sponsors signing on and the possibility of a companion bill in the Senate. The bill, introduced last fall by Rep. Ralph Hall (R-TX), would exempt CAFOs from both cleanup and reporting requirements under Superfund. It comes amid several pending lawsuits by state and local...

ACTIVISTS SUE OVER AIR DISTRICT'S RULE ON PARTICLES FROM AGRICULTURE

Environmentalists are suing EPA over its approval of a California air district's plans for reducing emissions from agricultural sources of large particles (PM10), claiming that the plan is contrary to Clean Air Act requirements that the district impose more stringent emission controls on these sources. Earthjustice, on behalf of the Latino Issues Forum and Sierra Club, filed suit April 12 in the U.S. Court of Appeals for the 9th Circuit seeking judicial review of EPA's approval of the San Joaquin...

CALIFORNIA PLAN MAY BE MODEL TO TARGET EMISSIONS IMPAIRING WATERS

A novel California effort to develop an approach for regulating air depositions that pollute waterbodies could serve as a national model for addressing the long-standing problem of controlling emissions that cause most waterbody impairments, observers say. California air and water regulators are currently developing a workplan that will identify the roadblocks to regulating air emissions as water pollutants, and how new research and improved partnerships among the state's air and water boards could aid in solving the problem. One state...

States Eye Permit Streamlining To Cope With Looming EPA Budget Cuts

State environment officials are considering innovative ways to streamline their air, water and waste permitting processes to help conserve resources in the face of proposed EPA state and local grant funding cuts for fiscal year 2007, state officials say. An official from Iowa, one of the states pursuing these efforts, says streamlining of permits is "going to become one of the major undertakings most states will have to address in the coming years as budgets shrink and the public demands...

EPA Advisers Fight Diversion Of Research Funds To Security Projects

EPA's science advisers are harshly criticizing the agency's proposed fiscal year 2007 research budget, saying funding increases for the agency's homeland security efforts are diverting funds from crucial research on air pollution and toxic chemicals. In a recent letter to EPA , the Science Advisory Board (SAB) used unusually strong language to warn that EPA's research and development resources were "grossly inadequate" and called the budget cuts a "serious impediment" to EPA's mission. The SAB raised concerns that EPA's homeland...

EPA PM Proposal May Preempt States On Federal Facility Controls

EPA earlier this month quietly proposed a first-time particulate matter (PM) emissions level for federal facilities that sets a so-called de minimis level of emissions -- below which no regulations apply -- which has prompted harsh criticism from at least one environmentalist who says that if EPA finalizes the rule, it would preempt more stringent state standards. Under the proposal, EPA is setting a "general conformity" level for federal facilities' emissions of fine particulate matter (PM2.5) at 100 tons per...

Trade Concerns Likely To Shape Environmental Programs In Next Farm Bill

Increasing international pressure on the United States to reduce agricultural commodity subsidies in the next Farm Bill could bolster environmentalists' efforts to shift commodity funding to conservation and environmental protection programs while also lending support to efforts to streamline the programs. The programs provide a significant source of funds to farmers to protect sensitive land and watershed areas. For example, the 2002 Farm Bill authorized nearly $40 billion in funds for the programs over five years, although Congress has never...

EPA Draft Guide Allows CO2 Credits For Renewable Energy Purchases

EPA has drafted guidelines for how corporations in its voluntary climate change program can claim some credit for reducing carbon dioxide (CO2) emissions based on the purchase of renewable energy certificates (RECs), in the midst of a growing debate over whether the purchases actually displace greenhouse gas emissions, according to a copy of the draft guide obtained by Inside EPA. RECs, also known as green tags, are commodities that represent the purchase of renewable energy. EPA and a number of...

NAAQS REFORM PLAN RAISES QUESTIONS OVER FUTURE EPA STAFF ROLE

EPA staff and environmentalists are questioning recommendations from an internal EPA workgroup on reforming the process for setting national ambient air quality standards (NAAQS), saying a proposal to replace the staff recommendations for EPA managers with a new "policy assessment document" could lead to political interference with an established scientific review process. Under the Clean Air Act, NAAQS standards must be set every five years for six major air pollutants: particulate matter (PM); ozone; sulfur dioxide; nitrogen oxides; lead and...

DEMOCRATS OPPOSITION MAY FORCE RECESS APPOINTMENT FOR AIR CHIEF

President Bush will likely have to install William Wehrum, his nominee to head EPA's air office, as a recess appointment because of an expected hold from Democrats critical of the administration's air policies, according to Sen. George Voinovich (R-OH). Voinvoich told Wehrum at an April 5 Senate Environment & Public Works Committee confirmation hearing that Democrats are "probably going to stop you" from being approved by the Senate to take on the role of EPA's assistant administrator for air and...

EPA PM PROPOSAL WOULD PREEMPT STATES ON FEDERAL FACILITIES

EPA earlier this month quietly proposed a first-time particulate matter (PM) emissions level for federal facilities that sets a so-called de minimis level of emissions -- below which no regulations apply -- which has prompted harsh criticism from at least one environmentalist who says that if EPA finalizes the rule it would preempt more stringent state standards. Under the proposal, EPA is setting a "general conformity" level for federal facilities' emissions of fine particulate matter (PM2.5) at 100 tons per...

Critics Say New Ohio Plan Relaxing NSR Undermines Key EPA Claims

Recent changes the Ohio state legislature adopted easing the state's minor new source review (NSR) permitting program undermine Bush administration claims that relaxing the federal NSR program would not hurt the environment because state programs would serve as "backstops," critics say. State sources and environmentalists critical of the Bush NSR reforms fear that the push in Ohio could be a model for industry efforts to relax another aspect of the controversial Clean Air Act program. One environmentalist describes the combined...

DRAFT PAPER SAYS KELO MAY CAUSE ENVIRONMENTAL HARM TO PRIVATE LAND

O PRIVATE LAND The Supreme Court's controversial Kelo decision upholding local governments' power to use eminent domain to acquire property for economic development could have the unintended consequence of undermining environmental protection of privately owned lands, according to a legal analysis being circulated by two law professors. While the Kelo decision has generated backlash from a host of lawmakers and property rights activists seeking to curb local governments' powers of eminent domain, it has generally drawn praise from environmentalists, who...

CALIFORNIA PLAN MAY BE MODEL FOR TARGETING EMISSIONS IMPAIRING WATERS

A novel California effort to develop an approach for regulating air depositions that pollute waterbodies could serve as a national model for addressing the long-standing problem of controlling emissions that cause most waterbody impairments but are not typically accounted for under water-specific regulatory programs, state and other observers say. California air and water regulators are currently developing a workplan that will identify the roadblocks to regulating air emissions as water pollutants, and how new research and improved partnerships among the...

FINAL DHS NEPA POLICY INCLUDES NEW EXEMPTIONS FOR DISASTER CLEANUPS

The Department of Homeland Security's (DHS) just-released directive for implementing National Environmental Policy Act (NEPA) rules includes broad new categorical exclusions for disaster cleanups and other department activities, exemptions that critics say show the department is not considering environmental concerns brought to light following Hurricane Katrina. The directive is likely to face a legal challenge on the range of activities the department has excluded from NEPA study requirements, including disaster response activities. Critics, including Sen. Patrick Leahy (D-VT), had challenged...

EPA VOW TO IMPROVE WET WEATHER DATA MAY CLASH WITH STATE CONCERNS

EPA is moving forward with plans to better track violations and enforcement of wet weather regulations -- and to make that information publicly available via a new water quality compliance database -- even as state officials say the new tracking system could place burdensome new reporting requirements on cash-strapped state water programs. State officials are also asking EPA to clarify some of the new system's reporting requirements in a forthcoming guidance defining when wet weather violations constitute significant noncompliance (SNC)...

EPA EYES SECTOR 'COMPLIANCE RATES' TO MEASURE ENFORCEMENT SUCCESS

EPA is planning to use "statistical compliance rates" in various industrial sectors as a new measure of the success of its enforcement programs, a plan proponents say will allow the agency to move away from counting inspections, enforcement orders issued, penalties and fines and other traditional measures of enforcement success. Agency sources say their planned use of the controversial performance measure is intended to show better environmental outcomes under the White House's Program Assessment Rating Tool (PART), which the White...

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