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.

LAWYERS CONFLICT OVER FEDERAL RULING'S IMPACT ON ARB GHG CASE

Attorneys representing the state and environmental groups differ with automaker representatives over the impact of last week's federal court ruling backing U.S. EPA's position not to regulate greenhouse gas (GHG) emissions from cars and trucks on the air board's landmark regulation requiring reductions in such gases from California vehicles beginning in 2009. The issues involved with the federal ruling may be raised at a court hearing scheduled for July 25 in Fresno that pits American automakers against the air board...

CRITICS QUESTION ENFORCEMENT, TECHNOLOGY IN ARB OFF-ROAD VEHICLE PLAN

Draft air board regulatory concepts to crack down on construction equipment and other off-road diesel vehicles are drawing broad complaints from industry organizations and public agencies over a lack of retrofit technology, substantial economic impacts and the absence of any enforcement plan. The construction industry has floated a counterproposal that aims to ease compliance by creating a fleet averaging scheme based on individual projects, rather than forcing companies to retrofit or replace all engines over the next 10 years based...

ARB AIMS TO SPEED EMISSION CONTROL TECHNOLOGY VERIFICATION PROCESS

Responding in part to complaints that there is a shortage of certified diesel engine emission-control devices to meet looming state regulations, air board officials are working on amendments to streamline their verification process. Some fleet operators who must comply with the board's pollution-reduction regulations are concerned that the move toward a quicker verification process could lead to more costly malfunctions with their equipment. Annette Hebert, chief of the Air Resources Board's heavy-duty diesel in-use strategies branch, said this week at...

CONTROVERSIAL EPA AIR CHIEF HOLMSTEAD RESIGNS

Controversial EPA air chief Jeffrey Holmstead announced July 20 he will resign at the end of August. While observers have just begun speculating on Holmstead's replacement, one environmentalist says a likely successor is William Wehrum, who is now one of Holmstead's top aides and is viewed as holding similar positions on major issues. Holmstead has worked as the assistant administrator for air & radiation since the Bush administration took office and was instrumental in some of EPA's most controversial air...

POSSIBLE EPA REMOVAL OF VOC FROM TRI MAY TRIGGER SLEW OF EXEMPTIONS

EPA officials may voluntarily exempt at least one widely used chemical from requirements for industry reporting of chemical-use volumes in what may lead to a host of future exemptions after a federal appeals court rejected EPA arguments that a related compound is "indirectly toxic." EPA air officials say they have not received an industry petition to remove the cleaning agent ethylene glycol butyl ether (EGBE) from Toxic Release Inventory (TRI) reporting rules but may exempt it because of the precedent...

Domenici Says No Energy Bill Without Senate Climate Change Plan

Senate energy committee Chairman Pete Domenici (R-NM) is threatening to reject any energy legislation unless it includes provisions included in a Senate-approved bill to fund technology development aimed at reducing overall levels of greenhouse gases. The threat comes as a House-Senate conference committee is negotiating to reconcile differences between energy legislation approved by each chamber. Those negotiations face a number of significant hurdles, and observers say Domenici's push for climate change provisions could set up another major stumbling block. The...

Senators Seek Details Of EPA Draft MTBE Risk Review Prior To Energy Vote

At least a dozen senators are planning to urge EPA Administrator Stephen Johnson to disclose the details of a draft risk agency assessment identifying the gasoline additive methyl tertiary butyl ether (MTBE) as a "likely" carcinogen, in an apparent attempt to sink congressional approval of a provision in comprehensive energy legislation that would grant the oil industry liability protection from defective product lawsuits. The push comes as at least one senator, Charles Schumer (D-NY), is pledging to filibuster any energy...

Utilities Want Coal Ash Reuse Included In Greenhouse Gas Registry

The utility industry is urging the Department of Energy (DOE) to consider reductions in greenhouse gas (GHG) emissions resulting from reusing coal combustion waste (CCW), as the department develops a voluntary registry highlighting U.S. efforts to address global warming. In June 22 comments submitted to DOE on draft "Guidelines for Voluntary Greenhouse Gas Reporting," the Utility Solid Waste Activities Group (USWAG) maintains CCW reuse should be included in the registry because it reduces energy use and the need to produce...

EPA Drafts Rule To Excuse Air Violations Caused By 'Natural Events'

EPA is developing a regulation that will allow states to ignore violations of federal particulate matter (PM) standards because of pollution caused by "natural events," such as forest fires or wind-blown dust. Yet some state officials are raising concerns that the move may create uncertainties for areas that faces penalties for exceeding EPA's ambient air quality standards. An agency source says the new rule will codify an existing policy guidance and may attempt for the first time to address transported...

EPA EYES ENFORCEMENT PLAN FOR NEVADA MINES' VOLUNTARY EMISSIONS PACT

EPA, Nevada and the mining industry are poised to include an enforcement mechanism in a novel voluntary program intended to reduce mercury emissions from Nevada's gold mines -- a significant source of U.S. mercury emissions -- after activists threatened suit over concerns that the program may be inadequate, sources say. One EPA source says state regulators may include the program's emissions goals in facilities' clean air permits, which would provide citizens and regulators the option of suing for permit violations...

EPA ACTION ON UPSET EMISSIONS PLANS MAY CURTAIL ACTIVISTS' CHALLENGES

EPA is proposing to end the public's ability to access company plans for addressing unanticipated pollution known as "upset" emissions that may expose communities to high levels of air toxics like benzene, which could curtail environmentalists' ability to pursue lawsuits challenging chemical plant and refinery pollution. The move responds to a regulatory petition an environmental group filed seeking more access to these plans, and after a separate activist group filed a lawsuit over the same issue. EPA is proposing to...

INDUSTRY SEEKS TO DEFINE FARM EMISSION SOURCES TO LIMIT ENFORCEMENT

An agricultural industry task force may ask the federal government to adopt definitions of farm air emission sources, which could limit enforcement of clean air and Superfund laws targeting farms and animal feedlots. The Agricultural Air Quality Task Force met June 22-23 in Amarillo, TX, and considered proposing definitions for terms that apply to agriculture and crop tilling. These include definitions for farms, farming operations, sources and releases. Such terms -- if backed by the secretary of agriculture and ultimately...

EPA PURSUES RULE TO EXCLUDE PM AIR VIOLATIONS BASED ON 'NATURAL EVENTS'

EPA is developing a new rule to detail when states can ignore violations of federal particulate matter (PM) standards due to pollution caused by "natural events" such as forest fires or wind-borne dust. Yet some state officials are worried the move could open the door to major changes in EPA's current policy on natural events, with uncertain consequences for states that face penalties if they exceed the agency's ambient air quality standards. An agency source says the rule will codify...

Farm Industry Develops Pollution Definitions That Could Limit Enforcement

An agricultural industry task force may ask the federal government to adopt definitions for farm pollution that could limit enforcement of clean air and Superfund laws targeting wastes from livestock feedlots. The Agricultural Air Quality Task Force met last month in Amarillo, TX, and considered proposing definitions for terms that apply to agriculture and crop tilling. The definitions are being developed for consideration by a task force subcommittee this week. These definitions would address farms, farming operations, and pollution releases...

House Vote On MTBE Leaves Questions Unresolved About Cleanup Fund

A House vote rejecting a push to strip a liability waiver for makers of the gasoline additive methyl tertiary butyl ether (MTBE) from pending energy legislation leaves a number of questions unresolved regarding cleanup of the groundwater contaminant. Industry squabbling over how to distribute the burden of paying into a proposed fund for cleaning up MTBE pollution may complicate congressional efforts to negotiate an agreement on the controversial fuel oxygenate, according to industry sources, who say any deal will depend...

INDUSTRY SEEKS TO DEFINE FARM EMISSION SOURCES TO LIMIT ENFORCEMENT

An agricultural industry task force may ask the federal government to adopt definitions of farm air emission sources, in a move that could limit enforcement of clean air and Superfund laws on farms and animal feedlots. The Agricultural Air Quality Task Force met June 22-23 in Amarillo, Texas, and considered proposing definitions for terms that apply to agriculture and crop tilling. These include definitions for farms, farming operations, sources and releases. Such terms -- if backed by the secretary of...

EPA PURSUES RULE TO EXCLUDE PM AIR VIOLATIONS BASED ON 'NATURAL EVENTS'

EPA is developing a new rule to detail when states can ignore violations of federal particulate matter (PM) standards due to the impact of "natural events" such as forest fires or wind-borne dust. Yet some state officials are worried the move could open the door to major changes in EPA's current policy on natural events, with uncertain consequences for states that face penalties if they exceed the agency's ambient air quality standards. An agency source says the rule will codify...

STATES EYE STRICTER MODEL RULE TO CURB PAINT COATING EMISSIONS

The Ozone Transport Commission (OTC) may establish a more stringent model rule that its 13 member sates could use to limit emissions from paints and coatings, despite continued industry lawsuits against states using the existing model rule, OTC sources say. The move comes after air officials in Delaware ran modeling to predict what further emissions reductions might be possible by adopting standards equivalent to those an air district in California put in place last year. The modeling shows a potential...

EPA ACTION ON UPSET EMISSIONS PLANS MAY CURTAIL ACTIVISTS' CHALLENGES

EPA is proposing to remove the public's ability to access company plans for dealing with unanticipated pollution known as "upset" emissions which may expose communities to high levels of air toxics like benzene, in a move that could curtail environmentalists' ability to pursue lawsuits challenging chemical plants and refineries. The move comes in response to a regulatory petition an environmental group filed seeking more access to these plans, and after a separate activist group filed a lawsuit over the same...

GROUP SEEKS TO FORCE AGENCY TO PROMULGATE LEAD-BASED PAINT RULE

EPA may be reconsidering its decision to abandon work on a Toxic Substances Control Act (TSCA) rule that would force remodelers to clean up lead-based paint in older buildings at the same time the agency is facing legal action forcing it to finalize the rule. An EPA cost-benefit analysis obtained by the group Public Employees for Environmental Responsibility (PEER) -- which represents agency employees -- found that the rule could prevent lost intelligence quotient (IQ) points in several hundred thousand...

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