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.

EPA Plan To Waive Asbestos Rules Could Prompt Class-Action Suits

Former EPA and other federal attorneys say agency officials could face class-action lawsuits similar to those filed after the Sept. 11 attacks if the agency proceeds with plans to waive Clean Air Act rules limiting emissions of asbestos to ease disposal of hurricane-related debris. EPA lays out in its Oct. 3 draft conditions for granting a "no action assurance" for the Louisiana Department of Environmental Quality's (LDEQ) asbestos demolition and disposal plan, but the agency still says it plans to...

SAB Seeks Improvements In Louisiana Hurricane Debris Disposal Plan

As Louisiana officials prepare to dispose of mountains of waste and debris stemming from hurricane damage, EPA science advisers are urging EPA and state officials to expand and improve air monitoring and carefully consider their waste disposal methods because the state's disposal plans will release scores of contaminants, including asbestos, lead, mercury and other toxics. At the same time, former EPA and other federal attorneys say that agency officials could face class action lawsuits, similar to those filed following the...

Activists Eye Lawsuit As EPA Exempts Sources From Incineration Rule

Environmentalists are likely to file a lawsuit challenging an EPA final rule that defines industrial incinerators subject to air toxics standards, because it includes language that exempts potentially thousands of facilities from compliance, activist sources say. EPA and some industry sources counter that the exemptions are likely to affect only a handful of incinerator units that are not emitting significant amounts of air toxics, and the units are necessary for useful energy recovery purposes. EPA in a Sept. 22 Federal...

HOUSE VOTE ON REFINERY BILL POSES DILEMMA FOR REPUBLICAN MODERATES

This week's scheduled House vote on legislation to boost refining capacity poses a dilemma for Republican moderates who face constituent anger over high gasoline prices, but also pressure from state officials and activists to oppose a major relaxation of new source review (NSR) and other environmental requirements in the bill, according to GOP sources and other observers. While many observers predict the proposal will pass the House without major changes, environmentalists are vowing to make the vote an indicator of...

HOUSE REFINERY BILL SPARKS CONCERN ABOUT IMPACT ON EPA DIESEL RULES

Legislation that the House could pass this week to expand the nation's oil refining capacity and limit the number of EPA-approved fuels is prompting concerns from state officials and others that it could derail implementation of clean-diesel emission rules over the next several years. At issue is a section of H.R. 3893, the Gasoline for America's Security Act of 2005, which would require EPA to limit its approvals of fuels in state clean air implementation plans to six types, including...

LATE COMPLIANCE OPTION IN DRAFT ARB CARGO RULE RILES ACTIVISTS

Environmentalists are riled over a new proposal by air board staff to consider alternative compliance plans to satisfy an otherwise bold regulation seeking emission reductions from diesel cargo handling vehicles at ports and railyard facilities. Activists fear these alternative plans may allow various industries to thwart the rule's intention because of inadequate board verification and enforcement. Meanwhile, several industry representatives this week expressed support for the alternative plans. The Air Resources Board's Oct. 4 draft regulation for mobile cargo handling...

ARB MAY RELAX BOAT ENGINE RULE BASED ON TECHNOLOGY GAP

Air board officials are considering relaxing their regulations for inboard and stern-drive recreational boat engines, based on pending studies that may show emission-control technology malfunctions in salt water. While industry officials are generally pleased by other proposed amendments to the rule that provide compliance flexibility, they remain concerned because no decisions over the saltwater performance issue are expected until the board's scheduled November hearing. The board's regulations, which drive engine making nationally, are expected to be adopted in similar form...

STATES RAISE CONSTITUTIONAL CONCERNS OVER URBAN PM COARSE PROPOSAL

Several western states, including California, are warning U.S. EPA that agency staff proposals to issue a new standard regulating coarse particulate matter (PM) only in urban areas would violate the U.S. Constitution's equal protection clause by exempting rural areas and failing to protect rural residents' health. At the same time, several EPA science advisors are urging the agency not to adopt an urban-only national ambient air quality standard (NAAQS) for coarse particles, known as "PM coarse," with one advisor saying...

EPA OZONE REVIEW COULD UNDERMINE OMB QUERIES ON CONTROL BENEFITS

Over opposition from White House regulatory officials, EPA scientists are supporting a causal connection between ozone exposure and shortened human life-spans, a connection which regulators could use to justify upcoming regulatory controls on emissions sources, agency sources say. EPA Oct. 4 released a portion of its draft "criteria document" on ozone, which concludes, "The epidemiological evidence continues to support likely causal associations between acute ambient ozone exposure and increased risk of acute respiratory morbidity and mortality, based on the assessment...

EPA MOBILE SOURCE RULE PROMPTS CLASH BETWEEN OIL, AUTO INDUSTRIES

EPA's upcoming mobile source air toxics rule appears to be moving toward placing limits on fuel content rather than on new automobile engine controls -- a development that is spurring fierce lobbying from petroleum companies and refiners, who fear such an approach could favor automakers and engine manufacturers. Oil and gas industry officials are warning the agency that strict fuel controls would hurt their industry at a time of high fuel prices and supply problems caused by natural disasters. Yet...

EPA MAY ALLOW CAIR TO TAKE PLACE OF NATIONAL PARK AIR QUALITY RULES

EPA may propose allowing certain states to avoid controversial limits to improve air quality in national parks and other areas, if they can show they achieve equivalent benefits under the cap-and-trade program set out in the clean air interstate rule (CAIR). The proposal appears certain to meet criticism from environmentalists and state officials, who have argued that allowing a cap-and-trade as a substitute for localized limits could make individual parks vulnerable to pollution. And because CAIR only applies to eastern...

INDUSTRY SEES BROADER APPLICATION OF ENVIRONMENT LAWS TO NANOTECH

Industry sources are highlighting a variety of ways Superfund, the Resource Conservation & Recovery Act (RCRA) and other environmental laws could apply to emerging technologies that rely on nanoscale materials, as EPA pursues plans to address the particles under the Toxic Substances Control Act (TSCA) while acknowledging that regulation under other statutes may be necessary, observers say. EPA is developing a white paper on the potential application to nanotechnology of the Superfund law, known as the Comprehensive Environmental Response, Compensation...

Industry Sees Broader Application Of Environment Laws To Nanotech

Industry sources are highlighting a variety of ways Superfund, the Resource Conservation and Recovery Act (RCRA) and other environmental laws could apply to emerging technologies that rely on nanoscale materials, as EPA pursues plans to address the particles under the Toxic Substances Control Act (TSCA) while acknowledging that regulation under other statutes may be necessary, observers say. EPA is developing a white paper on the potential application to nanotechnology of the Superfund law, known as the Comprehensive Environmental Response, Compensation...

House Vote On Refinery Bill Poses Dilemma For Republican Moderates

This week's scheduled House vote on legislation to boost refining capacity poses a dilemma for Republican moderates who face constituent anger over high gasoline prices, but also pressure from state officials and activists to oppose a major relaxation of new source review (NSR) and other environmental requirements in the bill, according to GOP sources and other observers. While many observers predict the proposal will pass the House without major changes, environmentalists are vowing to make the vote an indicator of...

HOUSE REFINERY BILL SPARKS CONCERN ABOUT IMPACT ON EPA DIESEL RULES

Legislation that could be voted on by the House this week to expand the nation's oil refining capacity and limit the number of EPA-approved fuels is prompting concerns by state officials and others that it could derail implementation of clean-diesel emission rules over the next several years. At issue is a section of H.R. 3893, the Gasoline for America's Security Act of 2005, that would require EPA to limit its approvals of fuels in state implementation plans to six types,...

EPA MOBILE SOURCE RULE PROMPTS CLASH BETWEEN OIL, AUTO INDUSTRIES

EPA's upcoming mobile source air toxics rule appears to be moving toward placing limits on fuel content rather than on new automobile engine controls -- a development that is spurring fierce lobbying from petroleum companies and refiners who fear such an approach could favor automakers and engine manufacturers. Oil and gas industry officials are warning the agency that strict fuel controls would hurt their industry at a time of high fuel prices and supply problems caused by natural disasters. Yet...

EPA EYES NATIONAL PROGRAM TO IMPROVE TRUCK FUEL EFFICIENCY

EPA is looking to expand to the national level its SmartWay program, a voluntary agreement to improve fuel economy and reduce emissions for the trucking and rail industries, following two state pilot programs to add upgrade kits to lower emissions and increase fuel economy. An EPA source says the agency is hoping within the next several months to launch a national "capitalization program" providing loans for truckers, who would be able to upgrade their vehicles and then pay for the...

LOCAL STUDY PROVIDES FIRST LINK BETWEEN URBAN PLANNING, HEALTH

A first-of-its-kind study conducted in the Seattle area shows a link between well-designed, walkable communities, improved air quality and a healthier population. The landmark study, released Sept. 27, will assist in further planning for King County, WA, on issues including health care, housing, transportation and recreation, and could serve to help other areas plan more walkable communities as well, sources say. A source with the Center for Clean Air Policy (CCAP), which assisted on the study, says the findings build...

INDUSTRY PRESSURE PROMPTS CALIFORNIA TO DELAY MAJOR OFF-ROAD RULE

Under increasing pressure from industry and more than a dozen state lawmakers, California air officials late last month indefinitely postponed a major regulation to limit pollution from forklifts and other off-road, gasoline- and propane-fueled vehicles. The rule, which proposes future state-specific standards more stringent than EPA's, is considered a significant element of the state implementation plan (SIP) to achieve federal ambient air quality standards. At issue is the California Air Resources Board's (CARB's) proposed large spark ignition (LSI) off-road engine...

ACTIVISTS EYE LAWSUIT AS EPA EXEMPTS SOURCES FROM INCINERATION MACT

Environmentalists are likely to file a lawsuit challenging an EPA final rule that defines industrial incinerators subject to air toxics standards, because it includes language that exempts potentially thousands of facilities from compliance, activist sources say. EPA and some industry sources counter that the exemptions are likely to affect only a handful of incinerator units that are not emitting significant amounts of air toxics, and the units are necessary for useful energy recovery purposes. EPA in a Sept. 22 Federal...

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