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.

PROPOSED PM STANDARDS IGNITE DEBATE ON STRINGENCY, MONITORING

Proposed new standards for particulate matter (PM) EPA unveiled Dec. 21 are already touching off a debate over the adequacy of the limits and how to measure compliance with them, after EPA called for tightening the current daily fine particulate matter (PM2.5) standard but declined to endorse more stringent controls agency staff recommended. Relevant documents are available on InsideEPA.com . Environmentalists and some state officials are criticizing the agency's proposal, claiming it ignores EPA staff recommendations that the agency either...

DEFENSE SPENDING BILL INCLUDES $80 MILLION CUT TO FY06 EPA PROGRAMS

The stalled Defense Department appropriations bill, which became a vehicle for an effort to open an Arctic wildlife refuge to oil and gas drilling, also includes a 1 percent across-the-board cut that would slash EPA's fiscal year 2006 budget by almost $80 million. But House and Senate negotiators rejected a White House plan to cut EPA's popular clean water infrastructure funding program by an additional $166 million this fiscal year. In addition, negotiators rejected a Senate Republican push to exempt...

EPA SOFTENS STACK TESTING GUIDE FOLLOWING INDUSTRY, STATE CONCERNS

EPA has softened language in a final guidance governing how states conduct stack tests of air emissions at industrial sources from an earlier draft version, following a threatened lawsuit by two industry groups and pressure from state and local officials seeking more enforcement discretion. However, environmentalists say the final guidance may not be enough to ensure compliance with clean air permit requirements, and they may raise the issue in future court challenges of individual permits. In making the changes, EPA...

LAWMAKERS MAY FORCE MASSACHUSETTS TO REJOIN NORTHEAST CLIMATE PACT

Massachusetts state lawmakers may pursue legislation next month forcing the state to join a regional greenhouse gas initiative (RGGI), in order to overturn Gov. Mitt Romney's (R) decision not to take part in the plan because of its cost, state officials say. Democrats who back the plan believe they likely have the votes to override any gubernatorial veto. Seven Northeast states unveiled Dec. 20 a memorandum of understanding (MOU) establishing RGGI, which sets up a cap-and-trade program for power plant...

DEMOCRATS ARGUE SUPERFUND LAW ESSENTIAL TO REGULATING CAFOS

Key House Democrats are fighting a legislative push to exempt agricultural air emissions from Superfund law by arguing that the cleanup statute provides certain protections that are not available under air and water laws. But the legislative fight over the issue is likely to be deferred until next year, after failed attempts to attach the legislative exemption as a rider to appropriations legislation, congressional sources say. Congress is considering whether to exempt manure from concentrated animal feeding operations (CAFOs) from...

EPA Eyes Cost-Effectiveness Approach To Assess New PM Controls

EPA senior staff are developing advice to states on how to consider the most cost-effective pollution control options when implementing the agency's proposed new particulate matter (PM) air quality standards, according to EPA sources and an internal agency proposal obtained by Inside EPA . The advice, which will be included in an upcoming package intended to implement the new PM standard, appears aimed at addressing industry concerns that regulators can cite the enormous benefits that stem from reducing PM emissions...

Democrats Argue Superfund Law Essential To Regulating CAFOs

Key House Democrats are fighting a legislative push to exempt agricultural air emissions from Superfund law by arguing that the cleanup statute provides certain protections that are not available under air and water laws. But the legislative fight over the issue is likely to be deferred until next year, after failed attempts to attach the legislative exemption as a rider to appropriations legislation, congressional sources say. Congress is considering whether to exempt manure from concentrated animal feeding operations (CAFOs) from...

Critics Warn EPA Diesel Engine Plan Could Set Back Retrofit Efforts

State and industry officials are charging that a new EPA draft guidance intended to help state regulators credit diesel engine retrofit projects in their clean air plans could hurt the growing practice of constructing cleaner-burning diesel engines to combat local air pollution problems. The groups are especially concerned that the draft could delay distribution of key federal transportation funds that lawmakers recently allowed to be spent on diesel engine retrofits. The draft guidance , which EPA is seeking to finalize...

EPA Particulate Matter Proposal Prompts Scientific Debate Over Health Risks

EPA science advisers are calling on the agency to defend its proposal to reject tightening the annual standard for fine air particles, arguing that evidence of potential cardiovascular and other public health risks warrant the tougher requirements. The request underscores an emerging debate prompted by EPA's proposal yesterday to strengthen the current daily fine particulate matter (PM2.5) standard, while rejecting a staff recommendation to tighten the annual requirements. The debate over the scientific basis of EPA's proposal moves the issue...

As EPA Unveils New PM Standard, Debate Shifts To Monitoring Issue

Proposed new standards for particulate matter (PM) EPA is set to unveil Dec. 21 may set off debate over how to measure compliance with the new limits, with EPA likely to call for tightening a daily fine particle standard but declining to endorse more stringent procedures suggested by agency staff for measuring localities' attainment of the limit. According to sources, it appears EPA will formally unveil a proposal Dec. 21 calling for tightening the current daily standard from 65 micrograms...

ACTIVISTS WEIGH LITIGATION AS EPA DOWNPLAYS RISKS FROM HURRICANE

EPA and the Louisiana environment department's recent conclusion that Hurricane Katrina did not create long-term environmental health threats may play a key role in litigation that environmentalists are considering against the federal government to force additional health warnings and cleanup of affected areas. At the same time, a community task force that reports to New Orleans Mayor Ray Nagin (D) is drafting a report that may go to Congress early next year that will call for a full-scale cleanup of...

EPA DELAYS DECISION ON DRY CLEANER RESTRICTIONS IN APARTMENTS

EPA is putting off a decision whether to prohibit dry cleaners in residential buildings from using machines that emit the toxic chemical perchloroethylene (perc), saying it needs more information before moving forward with such restrictions. The delay comes after industry urged EPA and the White House Office of Management & Budget (OMB) to drop the planned restrictions and instead develop technology-based standards, similar to standards being implemented in New York and California. In a long-awaited proposed air toxics "residual risk"...

EPA REJECTION OF IGCC IN AIR PERMITS PAVES WAY FOR COAL PLANT BATTLES

EPA has set the stage for a new round of clean air confrontations with environmental groups by issuing a finding that permit writers do not have to consider requiring the use of coal gasification as a best available control technology (BACT) in new coal-fired power plants' Clean Air Act permits. EPA's announcement came one day before a hearing in front of the Texas Commission on Environmental Quality (TCEQ) -- a state with numerous pending proposals for coal-fired facilities -- where...

LLOYD DENIES CONFLICTS IN GOVERNOR'S CLIMATE CHANGE, COAL POLICIES

Cal/EPA Secretary Alan Lloyd this week appears to have rejected suggestions by some that there are inherent conflicts between the governor's efforts to reduce climate change emissions and to support the expanded importation of coal-fired power. Despite Lloyd's statement, the climate change project being spearheaded by Cal/EPA has not addressed the issue of coal or a clean-coal performance standard being backed by other state agencies to ensure power plants meet stringent pollution limits. Lloyd made his comments opening a Dec...

INDUSTRIES SEEN SUING ARB OVER SHIP AUXILIARY ENGINE REGULATION

Oil and shipping industry organizations are likely to sue the air board over a controversial regulation adopted last week that requires emission reductions from ship auxiliary diesel engines operating as far as 24 nautical miles from the California coast. The industries claim the regulation violates several statutes, including federal preemption laws and the Clean Air Act. The industries fear the rule may be mimicked by other states and set up a patchwork of varying regulations in the U.S. that would...

EPA INDICATES STATE ETHANOL MANDATE NOT ELIMINATED UNTIL MARCH

U.S. EPA attorneys have told air board officials that they do not expect the reformulated gasoline (RFG) oxygen requirement to be lifted in California until March 2006, despite assumptions by state and industry representatives that the new federal energy act calls for the mandate to be repealed immediately. The delay is significant to state officials because of the potential implications of RFG blending flexibility, while the oil industry views the action as a critical factor in determining various production and...

NATIONAL TRUCKERS RAISE RED FLAGS OVER ARB CRACKDOWN AT BORDERS

The American Trucking Associations (ATA) is raising warnings over a proposed air board regulation tightening engine emission rules for heavy-duty vehicles along the state's borders, arguing the requirements are a burden and associated fines unacceptable. The proposed rules are primarily aimed at preventing pollution from noncompliant trucks that enter the state from Mexico, but to potentially avoid possible international trade legal battles, the board is applying the rules to all state borders. While Mexico-based trucking company representatives earlier this year...

NEW TEST STANDARDS SEEN FURTHER DELAYING BIODIESEL BLEND APPROVAL

Further delays in approving specifications for biodiesel fuel blends are expected following a recent decision by an international standards-setting body to further test the stability of biodiesel and advance a proposal to alter the makeup of the fuel to improve its quality. The air board has shown interest in the development of a state standard to boost the use of biodiesel as a means of reducing particulate matter emissions from diesel engines. Some environmentalists and the biodiesel industry see the...

TOP AIR OFFICIALS QUESTION ADDITIONAL DA VIOLATION PROSECUTIONS

The state's top air district officials are questioning the potential increased involvement of district attorneys (DAs) in the enforcement of industry violations, claiming that DAs must be selective about how many cases they seek to prosecute. The officials say a pending bill to involve DAs much more frequently may hurt the overall ability of districts to efficiently enforce their rules. Environmentalists see comments made this week by a representative of the California Air Pollution Control Officers Association (CAPCOA) as potentially...

TAMMINEN MOVE MAY REFLECT SHIFT IN GOVERNOR'S ENVIRONMENTAL POLICY

Stakeholders are split over the significance of shifts to the governor's top staff, including a change that bumped former Cal/EPA Secretary Terry Tamminen into a purportedly less-powerful position in the governor's "horseshoe" of chief advisors. Several stakeholders also maintain that Tamminen is a potential candidate for a spot on the state water board, while some environmentalists say where Tamminen winds up may reflect a noteworthy shift in the administration's environmental policy positions. Tamminen's move Dec. 9 from Gov. Arnold Schwarzenegger's...

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