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.

STATE CLIMATE PLAN CRITICS FACE PARADOX OVER PREEMPTION ARGUMENTS

Industry and administration arguments that the federal government can preempt state climate change programs may face tough legal challenges from states and their supporters in several pending suits, legal scholars and environmentalists say, because the government and industry are simultaneously arguing that the federal government lacks authority to regulate carbon dioxide (CO2) and other greenhouse gases. These sources say it is disingenuous for the government and industry to claim that states are not allowed to do something the federal government...

EVANGELICAL PUSH FOR CLIMATE CHANGE PLAN PUTS GOP IN AWKWARD SPOT

Evangelical Christians will soon issue their first policy statement on global warming that will likely call for mandatory greenhouse gas controls, a policy observers say could force the Bush administration and some conservative Republicans to choose between supporting a key part of their religious base and industry's long-standing opposition to climate change legislation. The policy will likely put the administration at odds with a movement that is credited with helping President Bush win re-election last November. In addition, as some...

CALIFORNIA FLOATS FOSSIL FUEL CARBON CAP IN GHG REDUCTION EFFORT

California environment and energy officials are proposing a strict carbon limit on fossil fuels as part of a potential cap-and-trade program to meet the governor's greenhouse gas (GHG) emission reduction targets. California's efforts are being closely watched as other states mull potential climate change mitigation programs. The California Environmental Protection Agency (Cal/EPA) views the fossil fuels' carbon limit approach as attractive because it would cover transportation fuels, which are not part of other cap-and-trade options the state is currently considering...

JUDGE REJECTS DISMISSAL, VENUE CHANGE IN CALIFORNIA GHG AUTO LAWSUIT

The judge presiding over the auto industry's lawsuit against California's landmark vehicle greenhouse gas (GHG) emission reduction regulation has rejected state requests to dismiss the case and to move it to another court, while allowing several major environmental groups to intervene. Discovery in the case now begins, with the trial scheduled to start Jan. 16, 2007. The case, Central Valley Chrysler-Jeep, Inc., et al v. Catherine Witherspoon , is expected to determine whether the California climate regulations are actually fuel...

EPA DELAY IN ISSUING CALIFORNIA AIR WAIVERS WEAKENS STATE ENFORCEMENT

California air officials are pressing EPA to approve long-pending Clean Air Act waiver requests for several key on-road and off-road vehicle regulations, complaining that the delays hurt the state's ability to enforce its more restrictive emission limits. While some rules are being held up because of industry challenges through the federal waiver hearing process, others have been languishing for five years for no apparent reason, sources say. The EPA waiver, or "authorization," process for California Air Resources Board (CARB) regulations...

ACTIVISTS PUSH REFINERY SUIT TO WIN CONTROLS BEYOND EPA SETTLEMENT

Environmentalists plan to pursue a lawsuit against a Louisiana refinery in order to require additional controls on flaring beyond requirements in a recent EPA proposed consent decree, claiming the agency's pact with the company does not block activists from requesting additional pollution reductions. The environmentalists hope their citizen suit against Chalmette Refining could result in what may be a first-time court order for a refinery to reduce emissions from flaring, which is the burning of excess gases. However, industry officials...

PARK SERVICE CHANGES MAY HELP INDUSTRY IN CLEAN AIR PERMIT DISPUTES

Draft management changes at the National Park Service (NPS) may allow more flexibility for industry in clean air permit disputes near pristine areas, by directing park officials to explore technological alternatives with states before seeking to block the construction of new facilities. Activist groups fear the proposed changes could also weaken visibility protections in national parks and allow greater access to off-road vehicles that threaten air quality. The proposals have also spurred opposition from senators in both parties. However, the...

EPA MOVES AHEAD WITH AGRICULTURE PLAN AFTER FAILED LEGISLATIVE RIDER

Lawmakers have rejected a controversial amendment to the agriculture spending bill that sought to exempt the industry from environmental cleanup and reporting requirements, in a move that appears to clear the way for EPA to finalize a controversial enforcement agreement that contains many of the same exemptions. A conference committee on the bill decided Oct. 26 not to include the amendment sponsored by Sen. Larry Craig (R-ID) after EPA raised concerns that it would put the enforcement agreement in jeopardy...

BIRD FLU FEARS PROMPT NEW CONCERNS OVER INDUSTRY CAFO PRACTICES

Growing concerns over a possible avian flu outbreak are prompting an emerging debate over the densely concentrated way chickens and other poultry are raised in so-called factory farms, which environmentalists and other critics say are responsible for significant contamination of air, land and water. Environmentalists and other public health groups are arguing that the estimated 3,700 concentrated animal feeding operations (CAFOs) that house poultry could ease the spread of the lethal disease. In response, they are preparing to call on...

INHOFE MAY CALL FOR EPA TO REVISIT ANALYSIS ON CLEAN AIR BILLS

Sen. James Inhofe (R-OK), a key proponent of the Bush administration's Clear Skies initiative to cut pollution from power plants, could call on EPA to revisit its recently released data comparing the bill to several legislative alternatives because of concerns over its assumptions on the cost of climate change mandates, according to a Republican source. Inhofe, chairman of the Senate Environment & Public Works Committee (EPW), has concerns about cost estimates in the modeling that was long-sought by Democratic opponents...

CONCERNS OVER BARTON BILL HELP STALL SENATE REFINERY LEGISLATION

Lingering concerns over a controversial House-passed refinery bill apparently contributed to a deadlock in the Senate environment committee over a separate plan intended to expand gasoline supplies, raising doubts about Congress' ability to adopt new policies in response to fuel shortages following the Gulf Coast hurricanes. The Senate Environment & Public Works Committee deadlocked largely along party lines on Oct. 26 in a 9-9 vote over legislation introduced by Chairman James Inhofe (R-OK) that offers incentives for industry to expand...

EPA DEADLINE EXTENSION FOR AIR TOXICS RULE PROMPTS ACTIVISTS' CONCERN

EPA has proposed a settlement with the chemical industry to change an air toxics rule impacting chemical plants, raising objections from environmentalists because it would extend by 18 months the deadline for compliance with the rule. One activist contends the compliance extension is illegal, although it is unclear if environmentalists will sue when EPA issues the upcoming rule changes. Activists have long criticized the agency for delays in issuing air toxics rules mandated under the Clean Air Act. The agency...

STATES FEAR EPA'S VOC POLICY MAY HINDER NORTHEAST PAINT RULES

States fear EPA's upcoming method for calculating volatile organic compound (VOC) emissions reductions from a key paint and coatings rule may force them to adopt stricter standards if the method predicts greater emissions reductions from weaker controls than an existing method Northeast states use, state officials say. The concerns come as several Midwest states are considering adopting the model rule by the Ozone Transport Commission (OTC) that many Northeast states already use to develop control strategies for reducing VOC emissions...

Schwarzenegger's Expected Air Board Pick May Sidestep State Senate Fight

California Gov. Arnold Schwarzenegger (R) is expected to soon name a university professor with extensive engineering and air pollution experience to chair the state's air board, in a pick that could avoid the confirmation fight that scuttled his last choice to head the panel. Robert Sawyer, who served a short stint as a California air board member in the mid-1970s, confirmed this week he is in the running for the chairmanship but declined to comment further on the administration's plans...

Activists Push Refinery Suit To Win Controls Beyond EPA Settlement

Environmentalists plan to pursue a lawsuit against a Louisiana refinery in order to require additional controls on flaring beyond requirements in a recent EPA proposed consent decree, claiming the agency's pact with the company does not block activists from requesting additional pollution reductions. The environmentalists hope their citizen suit against Chalmette Refining could result in what may be a first-time court order for a refinery to reduce emissions from flaring, which is the burning of excess gases. However, industry officials...

Ruling May Prompt Activist Lawsuits Seeking NSR Limits In Air Permits

A federal court decision may prompt environmental groups to file lawsuits challenging clean air operating permits for power plants that allegedly violated new source review (NSR) requirements, potentially creating a new avenue for NSR litigation beyond enforcement challenges. At the same time, industry officials say the decision rests on shaky ground and is unlikely to set any precedent. The U.S. Court of Appeals for the 2nd Circuit ruled in favor of environmentalists Oct. 24 in New York Public Interest Research...

Inhofe May Call For EPA To Revisit Analysis Of Clean Air Bills

Sen. James Inhofe (R-OK), a key proponent of the Bush administration's Clear Skies initiative to cut pollution from power plants, may call on EPA to revisit its recently released data comparing the bill to several legislative alternatives because of concerns over its assumptions on the cost of climate change mandates, according to a Republican source. Inhofe, chairman of the Senate Environment & Public Works Committee (EPW), has concerns about cost estimates in the modeling that was long-sought by Democratic opponents...

Federal Court Ruling Could Undermine Novel Minnesota Mercury TMDL Plan

A federal court ruling earlier this year that found an aggregate discharge cap for fecal coliform was not protective of water quality could undermine a Minnesota plan to develop a statewide discharge cap, also known as a total maximum daily load (TMDL), for mercury. Both environmentalists and state regulators agree that if the Minnesota mercury plan is approved, it could greatly ease administrative burdens and serve as a model for other states struggling to reduce contamination from mercury and other...

BUSH ADMINISTRATION PROCEEDS WITH CONTENTIOUS RADIATION POLICIES

The Bush administration appears to be proceeding with two controversial radiation exposure policies -- including revisions to decades-old federal radiation protection standards and a much-criticized guide for cleaning up contamination from a terrorist "dirty bomb" attack -- that have been criticized as unsafe by some EPA officials and environmentalists. EPA last month submitted for White House approval the Federal Radiation Protection Guidance for Exposure of the General Public, first proposed by the Office of Radiation & Indoor Air (ORIA) in...

EPA PLANS FURTHER VAPOR INTRUSION REVISIONS AMID NEW CRITICISM

EPA plans to convene a public meeting next spring to discuss revisions to its controversial vapor intrusion guidance, following criticism from agency scientists and others that implementation of the risk assessment tool the guide is based upon may lead to uncertainties of the human health risks posed by the chemical vapors. The planned meeting comes as EPA scientists are raising new concerns over the guide, which estimates human health risks posed by indoor chemical vapors from soil and groundwater. Henry...

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