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 Quietly Unveils Guide Allowing New State Approach For VOC Rules

EPA has quietly unveiled a long-planned change to its policy for regulating volatile organic compounds (VOCs), issuing an interim guidance that allows states to set the stringency of new rules on a sliding scale based on the compound's reactivity. The document , posted on EPA's website Aug. 26 ahead of planned publication in the Federal Register , encourages states to adopt the new approach where feasible. If states adopt a reactivity approach, those VOCs would be given ratings on a...

EPA Expands Clean-Fuel Waiver Nationwide In Aftermath Of Hurricane

EPA is expanding nationwide an emergency waiver from summertime clean-fuel requirements under the Clean Air Act in an effort to minimize oil supply disruptions that could send gasoline prices soaring as a result of Hurricane Katrina. The decision came after the petroleum industry and at least one governor lobbied the agency to extend the waiver beyond just the Gulf Coast states. EPA issued a statement Aug. 31 announcing that the entire nation would be exempt from the seasonal fuel requirements...

Automakers Cite Bush CAFE Plan In Challenging California Greenhouse Rule

Lawyers for the automobile industry are citing language in the Bush administration's just-proposed fuel economy rule, which warns that state regulation of carbon dioxide (CO2) from vehicles is "expressly and impliedly preempted" by federal law, in an effort to back their long-standing challenge to California's vehicle greenhouse gas rule. One day after the National Highway Traffic Safety Administration (NHTSA) unveiled the proposed rule amending Corporate Average Fuel Economy (CAFE) standards, plaintiffs in the case, Central Valley Chrysler-Jeep, Inc., et al.,...

Local Air Regulators Seek Smog-Reduction Credits From 'Smart Growth' Efforts

Air regulators in California are seeking innovative ways to obtain EPA backing for so-called smart growth initiatives as part of federally approved plans for reducing smog-producing ozone, in what could become a national model for the agency to award state implementation plan (SIP) credits based on land-use improvements, agency and other sources say. The move comes as many local areas are looking for new ways to meet the agency's recent stricter ozone and fine particulate matter standards, with options often...

EPA LOOKS TO SIMULATED CHEMICAL ATTACK TO BOOST RISK ASSESSMENTS

EPA sources say a recent simulated gaseous release in New York will help emergency workers respond to a chemical attack or a major accidental spill in densely populated areas, and could improve EPA's ability to assess public health risks from such releases. The federally funded simulation was conducted last week as part of a New York City research initiative, which will generate unprecedented data for EPA, the Department of Homeland Security (DHS), the National Oceanic & Atmospheric Administration and the...

EPA CAFO STUDY MAY INCLUDE CHICKEN FARMS AFTER TYSON JOINS PACT

Food giant Tyson Foods' participation in EPA's controversial clean air and Superfund consent decree may lead the agency's related study of farm sector emissions to focus on chicken farms because of the company's enormous holding in chicken farms. However, it is still not certain whether the agency has been able to win sufficient participation in the deal to study emissions from dairy and turkey farms, according to agency and industry sources. While the inclusion of pork producers and egg farmers...

Energy Law Study On Hidden Costs May Force Review Of Environmental Policies

A sweeping study of the hidden costs of energy use and production required by the newly enacted energy law could lead to re-appraisals of a slew of federal environmental policies on global warming, oil spills and mercury emissions, according to sources familiar with the little-noticed provision. The study, which will examine the oil, electricity, nuclear and renewables sectors, is included in the conference report for the Energy Policy Act of 2005, and must be completed by the National Academy of...

Experts Say California Uniquely Positioned To Advance Clean-Coal Technology

Energy policy experts say California environmental regulators are in the unique position to trigger major advances in clean-coal technology given the state's rising demand for energy and close proximity to coal-rich Western states. Also, the technologies are expected to factor importantly into the state's efforts to meet Gov. Arnold Schwarzenegger's greenhouse gas (GHG) emission reduction targets, sources say. The recently enacted federal energy bill also contains large tax credits, loan guarantees and other financial incentives to stimulate the clean-coal technology...

EPA Air Office Pressed To Issue Rule Allowing Use Of Banned Methyl Bromide

EPA's air office is under growing pressure, both internally and from the chemical and agriculture industries, to issue a rule allowing additional uses this year of the banned pesticide methyl bromide, as agreed to by the parties to an international treaty. EPA has yet to issue the rule despite meeting two months ago with industry groups that highlighted the urgent need to move quickly. Industry officials fear the agency will act too late for them to be able to use...

Environmentalists Cite Greenhouse Gases In Opposing LNG Imports

A California coalition of environmentalists opposed to liquefied natural gas (LNG) is citing greenhouse gas concerns in a lawsuit challenging the state utility commission's long-term plan to boost natural gas supplies through increased imports of LNG. The argument raises an unusual claim in a case that has attracted national attention as the Bush administration, as well as California, promotes an expansion of LNG processing capabilities as a way to address rising demand for natural gas. Ratepayers for Affordable Clean Energy...

EPA DRAFTS NSR RULE BACKING INDUSTRY APPROACH FOR MEASURING EMISSIONS

EPA is working on a regulation that would back the electric utility industry's interpretation of how to measure pollution increases under the new source review program (NSR), raising questions over whether the agency is retreating from the approach used to pursue alleged violations by Duke Energy and other utilities, according to knowledgeable sources. The work comes as Jeffrey Holmstead departed the agency this week as EPA air chief amid speculation that the air office is poised to issue one or...

ON EVE OF PROPOSAL, NORTHEAST EMISSIONS PLAN STILL FACES QUESTIONS

The Northeast Regional Greenhouse Gas Initiative (RGGI) is on the verge of issuing a straw proposal of its long-awaited plan to reduce carbon dioxide (CO2) emissions from power generators in the region, but sources familiar with the nation's first broad-based, mandatory CO2-reduction cap caution that an agreement is far from sealed as a slew of questions remain on a number of critical details. The plan -- which would cut CO2 emissions in the nine participating states by 10 percent in...

EPA GUIDANCE MAY INCLUDE FIRST-TIME AIR TOXIC CONTROLS IN SIP PROCESS

EPA is developing guidance for states to include in their air quality plans for the first time controls on air toxics as well as "criteria" pollutants, which would represent a major consolidation of the Clean Air Act responsibilities of local officials. But EPA is getting mixed reaction from its regions and state air officials who say the potential change, aimed at streamlining the state planning process, could instead create complications. The agency is seeking comment from its 10 regional air...

CRITICS QUESTION COST ASSUMPTIONS IN ADMINISTRATION'S CAFE PROPOSAL

Environmentalists and other proponents of fuel conservation are questioning cost assumptions included in the Bush administration's new proposal for improving the fuel efficiency of SUVs and minivans, saying the draft regulation appears to rely on information from a study that is now several years old and therefore likely overstates the cost of more aggressive measures. One environmentalist says the cost issue is likely to be one of a number of issues raised during the public comment period on the proposed...

UTILITIES MAY AVOID NSR RULES UNDER EPA PLAN FOR FLEXIBLE PERMITS

EPA is considering a proposed rulemaking that would offer a more flexible version of its federal clean air operating permits program under Title V of the Clean Air Act, agency officials say, which could allow some utilities to avoid new source review (NSR) requirements. A more flexible operating permit would set overall emission caps on all or part of a facility, and in exchange the facility would not have to obtain NSR permits for any modifications during the lifetime of...

EPA LOOKS TO SIMULATED CHEMICAL ATTACK TO BOOST RISK ASSESSMENTS

EPA sources say an ongoing simulated gaseous release in New York will help emergency workers respond to a chemical attack or a major accidental spill in densely populated areas, and could improve EPA's ability to assess public health risks from such releases. The federally funded simulation is being conducted through this week as part of a New York City research initiative, which will generate unprecedented data for EPA, the Department of Homeland Security (DHS), the National Oceanic and Atmospheric Administration...

Navy Considers Broad Conservation Incentives Amid Rising Fuel Prices

As oil prices soar to new highs, Navy energy officials are seeking to modify the service's fuel efficiency program by creating a service-wide cash incentive scheme, instead of allowing fleets to individually pursue such fuel savings, a Navy spokesman says. Currently, the Pacific Fleet and the Fleet Forces Command each decide whether and how to implement the Navy's Incentivized Energy Conservation Program (ENCON) on a year-to-year basis, the spokesman explains. The ENCON program encourages fuel conservation by allowing skippers who...

Northeast Plan To Limit Greenhouse Gases Faces Lingering Questions

The Northeast Regional Greenhouse Gas Initiative (RGGI) is on the verge of issuing a preliminary proposal of its long-awaited plan to reduce carbon dioxide (CO2) emissions from power generators in the region, but sources familiar with the nation's first broad-based, mandatory CO2-reduction cap caution that an agreement is far from sealed as a slew of questions remain on a number of critical details. The plan -- which would cut CO2 emissions in the nine participating states by 10 percent in...

EPA WEIGHS INTERIM RULE TO IMPLEMENT ENERGY LAW'S FUEL MANDATE

Faced with conflicting deadlines in the new energy law, EPA is considering whether to issue an interim rulemaking by early next year offering ground rules for a flexible trading program to implement the law's renewable fuels mandate beginning Jan. 1, 2006, according to agency and oil industry sources. The agency is considering the interim rule amid industry concerns that a possible EPA resource crunch could complicate the agency's ability to provide clear requirements to companies planning their compliance strategies under...

EPA PUSH TO INCLUDE AIR TOXICS IN STATE AIR PLANS DRAWS MIXED REACTION

EPA is working on a guidance for states to include air toxics in their state air quality plans for the first time, and also examine multiple pollutants within a single plan. Yet the agency is getting mixed reaction from EPA regions and state air officials who say the potential change, aimed at streamlining the state planning process, could instead add significant complications. The agency is seeking comment from its 10 regional air directors toward developing a non-binding guidance for release...

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