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.

ENERGY LAW STUDY COULD BACK USE OF CROSS-SOURCE EMISSIONS TRADING

The new national energy law requires EPA to evaluate the idea of allowing companies to trade air emissions credits between mobile and stationary sources of pollution, a mandate that environmentalists fear is the first step towards authorizing widespread use of the controversial practice. Such a practice could allow power plants and other stationary sources to offset emissions increases by purchasing credits from vehicles that cut pollution, thereby expanding traditional cap-and-trade programs that have focused on reducing emissions of individual pollutants...

NEW REPORT CONCLUDES CAIR INADEQUATE TO PROTECT SOME ECOSYSTEMS

A long-overdue government report suggests EPA's clean air interstate rule (CAIR) may be inadequate to protect or restore some ecosystems from the damage caused by acid rain, and that further emission reductions from utilities may be necessary. The White House released its National Acid Precipitation Assessment Program Report to Congress on Aug. 22, following requests from several lawmakers. The study is required by statute every two years but was last completed in 1998. The report is available on InsideEPA.com. The...

FACILITIES MAY AVOID NSR PERMITTING UNDER EPA FLEXIBLE PERMIT METHOD

EPA is debating whether to issue a proposed rulemaking to offer a more flexible version of its federal clean air operating permits program under Title V of the Clean Air Act, agency officials say. A flexible permit could set overall emissions caps on all or part of a facility, and in exchange the facility would not have to obtain new source review (NSR) permits for any modifications during the lifetime of the permit, but the proposal is drawing criticism from...

EPA DRAFTING NSR RULE BACKING NEW EMISSIONS MEASUREMENT APPROACH

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 (NSR) program, 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 with EPA air chief Jeffrey Holmstead poised to depart the agency, and amid speculation that the air office is poised to soon issue one...

EPA FACES 'LOSE-LOSE' DECISION ON MASSACHUSETTS MERCURY CLEANUP PLAN

EPA's pending decision on Massachusetts' novel plan for addressing mercury-impaired waters is creating a lose-lose scenario for the agency, which is likely to face criticism over its mercury policies whether it approves or rejects the state's proposal, state and agency sources say. Rejection of the plan could draw criticism over the alleged inadequacies of EPA's rule for mercury emissions from power plants, which critics say will not help states like Massachusetts that face contamination from out-of-state sources. However, agency approval...

KENTUCKY RULING MAY FORCE CONSIDERATION OF IGCC IN CLEAN AIR PERMITS

An administrative decision on a permit for a major coal-fired power plant in Kentucky could set a precedent forcing companies nationwide to evaluate the use of cleaner-burning integrated gasification combined cycle (IGCC) technology for new or modified facilities. The technology is believed to have significant environmental benefits because it easily allows capture of carbon dioxide (CO2) and may also limit other harmful emissions. EPA now allows states to decide whether to require the evaluation of IGCC, but environmentalists say they...

STATES SEEK EMISSIONS CUTS FROM UNREGULATED OUTDOOR WOOD STOVES

New York is leading an effort by states in the Northeast to convince EPA to regulate a new source category of wood burning: outdoor wood boilers. This equipment is growing in popularity in response to high energy prices and an allegedly deceptive marketing effort that promotes them as environmentally friendly, even though they emit high levels of particulate matter. A source with the office of New York Attorney General (AG) Eliot Spitzer (D) says that EPA is not legally obligated...

AIR DISTRICT SEEKS WAYS TO CREDIT BENEFITS OF 'SMART GROWTH' PROGRAM

A local air district in California is seeking innovative ways to obtain EPA credit for a smart growth initiative as part of their plan to reduce ozone, in what could become a national model for the agency to award state implementation plan (SIP) credit based on land-use improvements, agency and other sources say. The move comes as many local areas are looking for innovative ways to meet the agency's strict new ozone and fine particulate matter standards, when their options...

ADMINISTRATION PROPOSES NEW PLAN FOR LIGHT TRUCK EFFICIENCY

The Bush administration has formally proposed a revision to fuel economy standards that would set six standards for vehicles of different sizes by 2011. The rule would ultimately replace a fleet-wide truck standard of 22.2 miles per gallon that is slated to go into effect in 2007. "This plan will save gas and result in less pain at the pump for motorists, without sacrificing safety," Secretary of Transportation Norman Mineta said on Aug. 23. Relevant documents are available on InsideEPA.com...

NAS STUDY OF HIDDEN ENERGY COSTS MAY FORCE MAJOR POLICY CHANGES

A sweeping study of the hidden costs of energy use and production required by the new energy law could lead to re-appraisals of a slew of federal environmental policies on global warming, oil spills, mercury emissions and security for protecting energy facilities, according to sources familiar with the plan. 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 will be completed by the...

EPA CAFO STUDY MAY INCLUDE CHICKEN FARMS AFTER TYSON JOINS PACT

Food giant Tyson Foods' participation in EPA's controversial clean air consent decree appears likely to guarantee that the agency's related study of farm sector emissions will include a 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...

AIR OFFICE FACES CRITICISM OVER FAILURE TO ISSUE METHYL BROMIDE RULE

EPA's air office is under growing pressure, both internally and from chemical industry and farm groups, to issue a rule allowing additional critical uses of the banned pesticide methyl bromide in 2005, 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 which highlighted the urgent need to move quickly. Industry sources now fear the agency will act too late for them to be able...

GROUPS FORECAST SLEW OF NEW REGULATIONS UNDER PM COARSE STANDARD

Observers from academia, industry and activist groups forecast a host of new regulations for factories, the construction industry and even brake pad composition if EPA presses ahead with a new particulate matter (PM) standard for coarse particles known as urban "PM coarse." At the same time, almost no interest group appears to be happy with the proposal by EPA staff to regulate urban PM coarse but exclude rural areas from standards. Environmentalists think the standard should apply everywhere, and industry...

'RESIDUAL RISK' RULE FOR GAS TERMINALS UNLIKELY TO IMPOSE NEW CUTS

EPA is winning approval from industry groups over its second proposed residual risk rule, which addresses gas terminals, and like the program's first rule does not require any additional pollution reductions from industry. Environmentalists say they have not had time to review the new rule. However, the measure closely tracks the controversial provisions in the residual risk rule for coke ovens that EPA finalized this spring, which states and activist groups both criticized for violating the Clean Air Act, although...

ENVIRONMENTALISTS QUESTION EPA REVIEW OF RISK-BASED AIR TOXICS RULE

The Natural Resources Defense Council (NRDC) is warning that EPA must initiate a new air toxics rulemaking process because the agency's administrative reconsideration of its controversial risk-based exemptions for industrial boilers and process heaters unlawfully broadens the universe of emissions sources eligible for the waiver. "Extending the risk-based exemptions beyond the large solid-fuel subcategory [of industrial boilers and process heaters] is not simply a [clarification] of the final rule but a fundamental change that requires a separate notice and comment...

EPA REVIEW OF LEAD PAINT RULE'S COSTS LEADS ACTIVISTS TO CONTINUE SUIT

Despite an EPA commitment to develop lead paint cleanup regulations, environmentalists are vowing to continue pressing a suit against the agency over concerns EPA is considering the costs of different regulatory options, which the activists fear may help justify limiting the rule's public health protections. Public Employees for Environmental Responsibility (PEER) recently released internal EPA documents detailing the agency's initial plans for certification requirements for cleanup professionals that address lead-based paint contamination. The group, which represents agency employees, says the...

CALIFORNIA BILL WOULD REQUIRE GHG RULES FOR STATIONARY SOURCES

California assemblywoman Fran Pavley (D), who authored landmark 2002 state legislation requiring greenhouse gas (GHG) emission reductions from new vehicles, is floating a bill that directs the state's environmental protection agency (Cal/EPA) to draft rules for capping GHG emissions from certain stationary sources. However, the legislation, which directs Cal/EPA to draft plans for instituting a cap on GHG from the electrical, power, industrial and commercial sectors is not expected to be advanced this year, but is intended to serve as...

BARTON CLIMATE INQUIRY DRAWS CRITICISM FROM KEY SCIENTIFIC GROUPS

Efforts by House Energy and Commerce Chairman Joe Barton (R-TX) to investigate the findings and funding sources of three prominent climate scientists are prompting strenuous objections from the leaders of key scientific groups, other lawmakers and a prominent GOP committee chairman. In late June, Barton sent letters to three climate scientists seeking background data and their funding sources for research which has backed a broadly cited finding from a key United Nations (U.N.) climate report that 20th century temperature increases...

CONGRESSIONAL STUDY DETAILS EPA POWER TO REGULATE CHEMICAL SECURITY

Congressional researchers are suggesting that EPA has always had the authority under the Clean Air Act and other statutes needed to force the chemical industry to shore up security vulnerabilities, even though the Bush administration has downgraded the agency's role on the issue in favor of the Department of Homeland Security (DHS). The issue of whether EPA can secure the industry may reemerge if an upcoming legislative push in the Senate fails to gain traction, particularly because the administration recently...

GAO SUGGESTS NEW POLICIES TO ADDRESS CROSS-BORDER EMISSIONS

The Government Accountability Office (GAO) is outlining a number of options for lawmakers to address cross-border power plant emissions, including an emissions trading program with Mexico and requirements for Mexican plants to meet emission control requirements if they import electricity into the United States. At the same time, GAO found that emissions from certain natural gas plants across the border are already similar to levels at U.S. plants -- possibly undermining the rationale for more controls. GAO finds in an...

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