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.

EPA TO PROPOSE RISK-BASED EXEMPTIONS IN MAJOR CHEMICAL PLANT RULE

EPA plans to propose allowing chemical plants to opt out of a major new air toxics rule if they can demonstrate they pose a low public health risk, agency officials say. The proposal would continue EPA's controversial strategy of issuing rules that allow "risk-based" exemptions, which have led to court challenges over previous air toxics rules for plywood and boiler facilities. However, agency officials are likely to argue that the upcoming proposed rule, known as the hazardous organic national emission...

EPA Unlikely To Slow Rule Submittals Pending OMB Official's Departure

The upcoming departure of White House regulatory chief John Graham is unlikely to prompt EPA managers to delay forwarding regulatory proposals to his office, despite initial suggestions from some agency officials that delaying submissions to the White House Office of Management and Budget (OMB) would ease their approval, agency sources say. The sources say EPA would not delay changes to its proposed regulatory agenda , released Oct. 31. "Graham's departure won't affect work at the staff level, and I'm unsure...

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...

POSSIBLE STATE PREEMPTION RAISES NEW QUERIES ON EPA WAIVERS BILL

Congressional efforts to grant EPA the authority to waive rules that may impede Gulf Coast reconstruction are facing new questions over whether a federal waiver would prevent a state from enforcing its own environmental rules and whether courts could hear disputes sparked by the legislation. Depending on how they are answered, the questions could embolden the already vigorous Democratic and environmentalist opposition to the bills by bringing states onto their side, observers say. States are becoming increasingly concerned that Congress...

DHS AUTHORITY TO WAIVE ENVIRONMENTAL LAWS FACES FIRST-TIME COURT FIGHT

The Department of Homeland Security's (DHS) new authority to waive environmental and other laws that interfere with immigration-related projects is facing a first-time court battle, as activists are objecting to the constitutionality of the unprecedented authority in urging a federal court not to reject their lawsuit challenging a border project in San Diego, CA. Critics have warned about the precedent this new power could set, and say the case's outcome could test whether proposals to grant EPA new authority to...

FIRST TMDL FOR METALS FROM ATMOSPHERE SPARKS MULTIMEDIA DEBATE

Blasting state and local air officials for their perceived inaction, the California water board has approved the first regional water board plan to lower the amount of metals that fall into water bodies from the atmosphere. In response, local governments facing a compliance price tag in the billions are discussing a possible fee on the sale of tires and automotive brake pads, which experts say contribute to the metals' deposition into water bodies. The issue is expected to kick off...

FIRST TMDL FOR METALS FROM ATMOSPHERE SPARKS MULTIMEDIA DEBATE

Blasting state and local air officials for their perceived inaction, the state water board last week approved the first regional water board plan to lower the amount of metals that fall into water bodies from the atmosphere. In response, local governments facing a compliance price tag in the billions are discussing a possible fee on the sale of tires and automotive brake pads, which experts say contribute to the metals' deposition into water bodies. The issue is expected to kick...

ARB LAYS OUT LEGAL DEFENSE OF 24-NAUTICAL MILE REGULATORY CLAIM

Air board attorneys have laid out their justification of a proposal to regulate ship auxiliary engine emissions extending 24 nautical miles (nm) into the Pacific Ocean, a jurisdictional claim that has been questioned by shipping and cruise line industry organizations. Industry representatives said this week they are reviewing the air board document and are still unsure whether they may challenge the claim in court. The issue is significant not only in terms of the proposed auxiliary engine regulation, but because...

CAL/EPA FLOATS FOSSIL FUEL CARBON CAP IN GHG REDUCTION EFFORT

Cal/EPA and other state officials are proposing a strict limit on fossil fuels as a cap-and-trade option to meet the governor's greenhouse gas (GHG) emission reduction targets. The proposal is seen by Cal/EPA as attractive in one way because it would include transportation fuels, which is not part of other cap-and-trade options targeting power plants or other industrial stationary sources of GHG emissions. But the proposal is generating some preliminary concerns from the petroleum industry, and broader opposition from utilities...

ARB DETAILS LEGAL DEFENSE OF DEAL TO REDUCE RAILROAD EMISSIONS

Air board officials this week laid out an extensive legal defense of their controversial memorandum of understanding (MOU) with the railroads to reduce diesel emissions, in preparation for a key public hearing in El Monte. The legal defense may persuade board members to maintain the MOU rather than rescind it, as has been demanded by South Coast air district officials and environmental groups. However, what the board would decide at its Oct. 27 meeting remained unclear at press time. The...

JUDGE REJECTS DISMISSAL, VENUE CHANGE IN AUTO SUIT AGAINST ARB

The judge presiding over the auto industry's lawsuit against the air board'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 significant because it is expected to determine whether the...

EPA UNLIKELY TO SLOW RULE SUBMITTALS PENDING OMB OFFICIAL'S DEPARTURE

The upcoming departure of White House regulatory chief John Graham is unlikely to prompt EPA managers to delay forwarding regulatory proposals to his office, despite initial suggestions from some agency officials that delaying submissions to the Office of Management & Budget (OMB) would ease their approval, agency sources say. The sources say EPA is likely to finalize within two weeks its proposed regulatory agenda for the next 6-12 months without making significant changes. "Graham's departure won't affect work at the...

BUSH ADMINISTRATION PROCEEDS WITH CONTENTIOUS RADIATION POLICIES

The Bush administration appears to be proceeding with two controversial radiation exposure policies that have been criticized as unsafe by some EPA officials and environmentalists, including revisions to decades-old federal radiation protection standards and a much-criticized guide for cleaning up contamination from a terrorist "dirty bomb" attack. EPA last week 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 1994. The...

CONCERNS OVER BARTON BILL HELP STALL SENATE REFINERY LEGISLATION

Lingering concerns over a controversial House-passed refinery bill have 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...

EPA ANALYSIS UNLIKELY TO RESOLVE HILL DEADLOCK ON COMPETING AIR BILLS

EPA's pending analysis of the costs and benefits of four competing multi-pollutant bills is unlikely to prompt any new congressional movement on the issue, industry sources and other observers say, despite suggestions earlier this week by EPA Administrator Stephen Johnson that the analysis could help lawmakers come to agreement on the bills. The agency was slated at press time to release the analysis on Oct. 27, in response to Sen. Thomas Carper's (D-DE) long-standing request for an objective comparison of...

LAWMAKERS DROP PROVISION THAT MAY HAVE THREATENED EPA CAFO PACT

Lawmakers have rejected a controversial amendment to the agriculture spending bill, which EPA alleged would have jeopardized a pending enforcement agreement with animal feeding operations by exempting the industry from cleanup and reporting requirements under Superfund law. A conference committee on the bill decided Oct. 26 not to include the amendment sponsored by Sen. Larry Craig (R-ID) after it prompted concerns from EPA, Democrats and environmental groups. Craig's amendment said EPA should not classify manure as a hazardous substance under...

EPA DEFENDS NEW LEAD EXPOSURE MODEL AHEAD OF SCIENCE PANEL REVIEW

As EPA's Science Advisory Board (SAB) prepares to review a new EPA model showing increased human exposure to lead, agency officials are defending the model from industry criticism that errors in the tool's computer code could render it useless. EPA officials say that although there may be errors in the computer code, it is more likely industry analysts are not properly accounting for how the model treats historic accumulation of lead. The SAB is scheduled to review EPA's All-Ages Lead...

EPA FACES INDUSTRY PRESSURE ON BROWNFIELDS RULE ON EVE OF RELEASE

CAMBRIDGE, MA -- As EPA prepares to release a major regulation on brownfields redevelopment, agency officials suggested at a conference here Oct. 17 that the final rule will incorporate redevelopers' suggestions on one of the most controversial issues -- the qualifications of site investigators. At the same time, EPA appears to be rejecting another key industry concern -- that the agency lacks authority to require redevelopers to consider the fair market value of contaminated property if it had not become...

EPA Analysis Unlikely To Resolve Hill Deadlock On Competing Air Bills

EPA's analysis of the costs and benefits of four competing multi-pollutant bills is unlikely to prompt any new congressional movement on the issue, industry sources and other observers say, despite suggestions earlier this week by EPA Administrator Stephen Johnson that the analysis could help lawmakers come to agreement on the bills. The agency released the analysis on Oct. 27, in response to Sen. Thomas Carper's (D-DE) long-standing request for an objective comparison of the costs and benefits of his bill...

Lawmakers Drop Feedlot Exemption Plan Amid EPA Concerns

Lawmakers have rejected a controversial amendment to the agriculture spending bill, which EPA alleged would have jeopardized a pending enforcement agreement with animal feeding operations because it sought to exempt the industry from cleanup and reporting requirements under Superfund law. A conference committee on the bill decided Oct. 26 not to include the amendment sponsored by Sen. Larry Craig (R-ID) after it prompted concerns from EPA, Democrats and environmental groups. In addition to concerns over the pending enforcement agreement, EPA...

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