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.

ARB, REFINERS LOOK TO NATIONAL ETHANOL MANDATE FOR FLEXIBILITY

Air board and petroleum industry officials are turning to the national renewable fuels mandate contained in pending energy legislation for potential flexibility to reduce ethanol use in California reformulated gasoline, in the wake of U.S. EPA's latest rejection of the state's request for a waiver of the federal oxygen requirement, according to sources. Air board officials say reducing ethanol during the summer will decrease evaporative hydrocarbon emissions, while refiners say they may be able to increase overall supply by lowering...

PAVLEY DRAFTS TIGHTER GHG EMISSION TARGETS, ENFORCEABLE CUTS

Assemblywoman Fran Pavley (D-Agoura Hills) is drafting legislation that may make the state's new greenhouse gas (GHG) emission reduction targets more stringent and may set enforceable deadlines and recommend mandatory policies for air officials to use when promulgating rules to achieve the targets, according to Pavley and sources close to the issue. Amendments to an existing Pavley bill with these provisions are expected to be made within the next two weeks, according to a legislative source. The proposal, if pursued,...

EFFORT TO CONTROL EMISSION REDUCTION CREDIT USE SEEN CONTINUING

Legislative efforts to place controls on future emission reduction credit (ERC) trading programs across the state are still expected to be pursued, despite the failure of a key bill to pass the Assembly last week, according to sources. There is still enough concern about protecting heavily industrialized communities to devise a strategy to limit trading benefiting stationary source facilities through the generation and sale of mobile source ERCs, these sources claim. ERC trading programs are considered by most air officials...

EPA SHIFTS BASIS FOR DENYING STATE WAIVERS FROM ETHANOL RULES

EPA appears to have shifted its rationale for denying California a waiver from the reformulated gasoline program's oxygenate content requirement, saying the state has dispelled earlier concerns that the waiver could increase certain emissions but arguing the benefits are still insufficient to justify the exemption. The ethanol industry and other observers are also expressing surprise after EPA cited energy and economic concerns in choosing to deny requests from California, as well as New York and Connecticut, for a waiver from...

EPA Drafts Rule That May Preempt States On Air Pollution Drift

BURLINGTON, VT -- EPA will propose a federal rule directing states on how to implement the agency's clean air interstate rule (CAIR) for electric utilities in an apparently aggressive move that could curtail states that want to adopt rules more stringent than CAIR. EPA Assistant Administrator for Air and Radiation Jeffrey Holmstead announced to the Ozone Transport Commission (OTC) meeting here June 7 that the agency will propose a federal implementation plan (FIP) for CAIR in August and finalize it...

EPA Drops Voluntary Effort, Pursues Rule To Control Mercury In Scrap Autos

EPA has abandoned plans for a voluntary program to remove mercury-containing switches from scrap automobiles following objections from the industry, and instead will develop a Clean Air Act rule that will target mercury emissions from electric arc steel furnaces that smelt scrap metal from those vehicles, according to agency sources. The upcoming rule will likely require the steel smelting industry to pay for mercury switch removal before smelting, a cost that could be passed on to automakers. New Jersey, Arkansas...

Senate Asbestos Bill Would Require Study On Environmental Exposures

A Senate asbestos trust fund bill includes a provision that would require federal officials to study the effects of environmental exposure to the cancer-causing contaminant based in part on EPA data. The provision reflects an apparent political compromise following a failed push to require compensation for those exposed to environmental contamination of asbestos, which industry officials say would balloon the size of the trust fund and leave many companies that pay into it bankrupt. The current version of the bill...

EPA TO DROP VOLUNTARY MERCURY SWITCH PLAN IN FAVOR OF AIR ACT RULE

EPA is dropping plans to develop a voluntary mercury switch removal program given opposition from the auto industry, and will rely exclusively on a Clean Air Act rule to target mercury emissions from the electric arc steel furnaces that smelt scrap auto steel containing the switches, according to agency sources. The electric arc steel mill rule will likely force the steel smelting industry to pay for mercury switch removal before smelting, which may in turn spark efforts to convince state...

EPA Shifts Basis For Denying State Waivers From Ethanol Rules

EPA appears to have shifted its rationale for denying California's efforts to win a waiver from the reformulated gasoline program's oxygenate content requirement, saying the state has dispelled earlier concerns the waiver could result in an increase of certain emissions but arguing the benefits are still not sufficient for EPA to grant the request. The ethanol industry and other observers are also expressing surprise after EPA cited energy and economic concerns in choosing to deny requests from California, New York...

INDUSTRY MAKES LANDMARK BID TO STRIP OHIO EPA OF TOXICS AUTHORITY

Chemical, manufacturing and other industries' push for legislation stripping Ohio EPA of its ability to regulate hundreds of air toxics could spark industry efforts to rein in other state environmental agencies' powers, an Ohio EPA source says. So far, industrial groups have failed in their efforts to strip Ohio EPA of its authority by attaching legislation to a pending budget bill, but the state legislature has sought more time to debate the proposal. Sources say this is the first time...

FARM GROUPS PRESS GOVERNOR FOR RELIEF, CITING NEW FEES, RULES

In an appeal for relief to Gov. Arnold Schwarzenegger, several of the state's major agriculture organizations are lamenting higher fees and new environmental regulations, which they say threaten the viability of their industry. The groups seek the governor's "immediate attention" on a series of recently unveiled environmental initiatives, including new air pollution regulations, wastewater discharge rules and toxic chemical controls, to avert a "serious crisis" that they say could lead to increased urbanization of farmland. But one environmentalist dismissed the...

CAL/EPA CHARGED WITH DEVELOPING GHG REDUCTION PLAN IN GOV.'S ORDER

Cal/EPA is expected by January to identify initial mitigation measures and strategies to reduce greenhouse gas (GHG) emissions, in response to the governor's new executive order setting landmark GHG emission reduction targets for the state. In addition to these measures, Cal/EPA is working on a GHG emission cap-and-trade system that may be woven into future plans to aid industry compliance ( see May 20 issue, p6 ). Some Democrats and environmentalists are downplaying the significance of Gov. Arnold Schwarzenegger's June...

ACTIVISTS PRESS GOV. TO DROP CCEEB LOBBYIST FROM ARB CHAIR CHOICE

Environmentalists are pressing the governor to drop from consideration the appointment of a major business organization lobbyist to chair the air board, saying the candidate has routinely opposed many of the board's major rules over the years. Meanwhile, there are at least three other candidates still vying for the post and seeking key endorsements, according to sources. Cindy Tuck, a lobbyist and general counsel for the California Council for Environmental & Economic Balance, is one of several candidates vying to...

FINGER-POINTING FOLLOWS ARB PORTABLE ENGINE NONCOMPLIANCE REPORT

A draft air board report that finds about 15,000-20,000 portable engines in the state are unpermitted, in violation of local rules, may spur officials to seek a tougher state oversight program and more funding for local air districts to enforce their rules. Programs to regulate and apply emission standards to portable engines have been dogged by problems for years, with leading air district officials criticizing state efforts and construction and energy companies complaining about confusing provisions and significant compliance costs...

LOWERED ARB ABOVEGROUND TANK EMISSION ESTIMATES MAY SOFTEN RULES

Significantly lowered pollutant emission estimates associated with aboveground fuel storage tanks (ASTs) by air board staff may soften forthcoming rules on several major industries seeking to reduce those emissions, according to sources. The AST rulemaking was shelved last year when air board staff acknowledged it had incorrectly estimated emissions from the tanks, after industry groups heavily criticized the effort. New evaporative emission estimates for about 9,500 ASTs in the state are included in a draft ARB document released this week...

EPA CLEAN AIR ADVISERS QUESTION PROPOSED COST-BENEFIT STUDIES

An EPA advisory panel is raising concerns with two proposed agency projects intended to help determine the costs and benefits of reducing nitrogen oxide (NOx) emissions, while urging agency staff to continue discussing potential research on the ecological effects of NOx and other pollutants. The Advisory Council on Clean Air Compliance Analysis agreed during a May 24 teleconference to finalize draft recommendations on proposed case studies to examine the effects of air pollution, particularly NOx, on waterbodies. Final recommendations by...

EPA DELAY OF DIESEL RULE CAUTIOUSLY ACCEPTED BY INDUSTRY, ACTIVISTS

EPA's decision to delay the compliance deadline for reduced sulfur content in diesel fuel has attracted lukewarm acceptance from both vehicle manufacturers and environmentalists. Fuel suppliers requested the delay to ease their transition to formulating the cleaner-burning diesel. Diesel engine makers have been counting on the cleaner fuel to achieve strict new emission standards, and are raising questions about how a delay might affect those efforts. One environmentalist says the decision likely would not spark significant objections so long as...

WESTERN AIR GROUP QUIETLY CONSIDERS ADDRESSING CLIMATE CHANGE

The Western Regional Air Partnership (WRAP), which was formed to tackle regional haze in Western states, may take on the politically charged issue of climate change after agreeing to hold a second board meeting on the topic this summer. The issue is sensitive because some member states, including Alaska, Idaho, Wyoming, Utah, Montana, North Dakota and South Dakota, are unlikely to support mandatory action to reduce greenhouse gases. The group is administered by the Western Governor's Association. At a meeting...

EPA CLEAR SKIES ANALYSIS PLEDGE MAY NOT RESOLVE DEMOCRATS' CONCERNS

EPA Administrator Steve Johnson's recent pledge to conduct long-sought analysis of the Bush administration's Clear Skies bill and other multi-pollutant legislation appears unlikely to satisfy Democratic concerns about the adequacy of EPA data on the proposals' benefits. House Democrats and Senate sources say Johnson's latest offer, which expands on a pledge he made in April, still falls short of what they are seeking, suggesting that EPA's proposal is unlikely to bring the debate back to the merits of the legislation,...

Western States Take Steps To Consider Regional Effects Of Climate Change

The Western Regional Air Partnership (WRAP), which was formed to tackle regional haze in Western states, may take on the politically charged issue of climate change after agreeing to hold a second board meeting on the topic this summer. The issue is sensitive because some member states, including Alaska, Idaho, Wyoming, Utah, Montana, North Dakota and South Dakota, are unlikely to support mandatory action to reduce greenhouse gases. The partnership is administered by the Western Governors' Association, which is currently...

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