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.

Industry Backs California Engine Rule But Seeks Flexibility In EPA Plan

A key industry group expects to press EPA to offer maximum flexibility in an upcoming nationwide rule on small engines, at the same time it has tentatively decided to back an equivalent California regulation after years of fierce opposition. The shift in the industry's position appears to open the door for EPA to approve a Clean Air Act waiver allowing the California rule to go forward. Sen. Christopher Bond (R-MO), who has blocked the rule for several years by adding...

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 support for 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 scale back bank funds. 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...

DOE, Industry, Congress Grapple With CO2 Liability For FutureGen

Members of Congress, the Energy Department (DOE) and industry are debating ways of shielding 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...

States Fault EPA Push To Redesignate Ozone Non-Attainment 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...

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 BLUNT CRITICISMS OF BOUTIQUE FUELS PROGRAMS IN EPA REPORT

State officials appear to have blunted criticisms in an EPA report that state fuels programs contribute to fuel shortages and high gasoline prices, according to draft versions of the document obtained by Inside EPA . The states' efforts appear likely to slow calls for changing clean fuel or state renewable fuels rules as a way to reduce gasoline costs, despite Bush administration urgings that the task force consider ways to cut the number of the fuels and legislative proposals on...

SIERRA CLUB EYES NEW TACTICS, POLICY TO ADDRESS CLEAN ENERGY PRIORITY

The Sierra Club is wrestling with how to draft a new policy that reconciles the group's efforts to elevate its advocacy on energy and climate change issues -- including a tactical shift toward endorsing climate-friendly energy projects -- with concerns that the projects could still be environmentally damaging. The group, one of the nation's oldest and largest environmental organizations, is seeking to finalize a "Smart Energy Future" policy adopted in draft form by the group's board of directors last month,...

HIGH COURT WETLANDS RULING COULD SHAPE ARGUMENTS IN CO2 SUIT

The Supreme Court's sharply divided ruling in a major wetlands lawsuit could help shape environmentalist, industry and government arguments in the landmark case the court agreed to hear this week over EPA's ability to regulate carbon dioxide (CO2) emissions from mobile sources. The high court announced June 26 that it will review the controversial appellate ruling Massachusetts et al. v. EPA , where a federal appellate court ruled that the Clean Air Act allows EPA to decide whether to regulate...

STATES FAULT EPA PUSH TO REDESIGNATE OZONE NONATTAINMENT AREAS

EPA is increasingly urging states to petition the agency to redesignate areas that were previously deemed out of attainment with new ozone standards, in an effort designed to show improvements in air quality but which state sources say further complicates their efforts to develop plans 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...

EPA PROPOSES NEW MECHANISM IN EFFORT TO LIMIT MACT APPLICATION

EPA is proposing a rule that continues a trend of limiting the application of strict technology-based air toxic requirements -- known as maximum achievable control technology (MACT) -- by seeking for the first time to substitute a less stringent Clean Air Act program for MACT requirements, critics say. In the June 12 proposal, EPA suggests that two categories of stationary engines can meet MACT by complying with less stringent new source performance standards (NSPS) it is also proposing for the...

NORTHEAST STATES' PUSH FOR BOILER CONTROLS SPARKS INDUSTRY OUTCRY

BOSTON -- Northeast air officials are eyeing stringent new controls on industrial boilers as part of a region-wide plan to reduce emissions to meet EPA's air standards, but the plan is drawing fierce opposition from boiler owners who say the cost of the controls would be too high. The Ozone Transport Commission (OTC), which represents 12 Northeast states and the District of Columbia, is also urging EPA to issue or revise a host of air rules for several other industry...

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...

MIDWESTERN STATES JOIN OTHER U.S. REGIONS IN EYEING CLIMATE REGISTRY

Midwest state officials are developing the region's first voluntary greenhouse gas (GHG) registry because of what they consider deficiencies in existing federal and private climate change programs, joining the Northeast, the three Pacific Coast states and the Western Governors' Association in developing separate regional GHG initiatives. The plan is already drawing opposition from industry officials who say it would duplicate other programs, while activists say they would rather see the states develop mandatory limits on GHG emissions. The Lake Michigan...

INDUSTRY STUDY FINDS HIGH COSTS, LOW BENEFITS IN CALIFORNIA CLIMATE BILL

An industry-funded study is expected to bolster claims by opponents of proposed legislation that would cap industrial greenhouse gas (GHG) emissions in California, by showing that the bill would likely result in substantial costs that would drive businesses out of state while providing minuscule environmental benefits. But environmentalists and clean-energy advocates supportive of the legislation are charging the study is flawed and driven by an overbearing oil industry protecting its own interests. The June 15 study, written by the American...

HIGHWAY AGENCY GUIDE MAY CLARIFY NEW RULES ON DIESEL RETROFIT FUNDING

The Federal Highway Administration (FHWA) is slated to clarify legal language encouraging states to fund diesel retrofit projects using highway law funds, at a time when industry sources say they may sue state and local governments who would rather use the funds for conventional road and transit projects. EPA, states and environmental groups have been pushing for more funding on retrofits from a variety of sources, in order to employ one of the most cost-effective ways for states to meet...

METHYL BROMIDE CASE ALLOWS EPA TO ARGUE FOR LIMITING CITIZEN STANDING

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...

ROCKY MOUNTAIN PARK PREPARES TO TEST NEW EMISSIONS CONTROL PLAN

State and federal regulators in Colorado have launched a novel initiative to protect Rocky Mountain National Park using a non-regulatory approach to set ecological goals, after concluding it was not enough to follow current regulations setting increments for allowable pollution increases. Proponents of the initiative hope it could be a model for other states to eventually use as an alternative to EPA's current regulations, which park service officials say may not adequately protect air quality. In one recent dispute, EPA's...

NEW ENGINE TESTING METHOD EXPECTED TO EXPAND BIODIESEL USE

The Engine Manufacturers Association (EMA) earlier this month unveiled a test specification for determining how 20 percent biodiesel blends (B-20) perform in advanced diesel engines. Biodiesel industry sources say the specifications represent a significant step toward national standards that will bolster acceptance of the fuel. Expanding the use of biodiesel is considered by state and federal officials and other stakeholders as key to reducing petroleum use and increasing cleaner renewable fuels into the transportation energy sector. It is also seen...

EPA TO ADDRESS EQUITY IN DISASTER RESPONSES WITH NEXT STEPS UNCLEAR

EPA has decided to consider environmental justice issues in emergency response activities, after an advisory panel recommended that EPA improve how it addresses harm to low-income and minority populations following the Gulf Coast hurricanes, according to EPA's enforcement chief and other agency officials. Members of the panel are also pointing to Hurricane Katrina as an example of the disparate impact of environmental events on minority and low-income populations, amid controversy over whether race and income should be factors in how...

EJ ACTIVISTS' EFFORT MAY PROMPT CHANGE IN CALIFORNIA AIR TOXICS BILL

California environmental justice (EJ) groups are joining with industry to oppose a bill that would regulate the state's largest ports, airports and railyards under the air board's toxics "hot spots" program. EJ activists say the bill undermines environmental protection in the most heavily polluted communities by relying solely on flawed risk assessments to regulate toxic air contaminants (TACs). State bill AB 1101, introduced by Democratic Assemblywoman Jenny Oropeza, on June 20 passed the Senate Transportation & Housing Committee and awaits...

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