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.

DEPARTING EPA ENFORCEMENT CHIEF FOCUSES ON NSR, REFINERY DEALS

EPA's acting enforcement chief Tom Skinner, who has announced that he will leave the agency this fall, says he will focus during his remaining time on reaching settlements with the utility industry in pending Clean Air Act new source review (NSR) cases and in cases under the agency's clean air enforcement initiative against oil refineries. Skinner wrote the White House May 24 asking President Bush to withdraw his nomination to become assistant administrator of the enforcement office, which has been...

OPPOSING GROUPS POSE TEST FOR PENNSYLVANIA'S KEY MERCURY RULE

Pennsylvania's effort to develop a landmark state rulemaking to reduce mercury from electric utilities -- the first by a major coal-producing state -- faces a tough challenge because of competing positions from environmentalists seeking strict standards and the coal industry concerned that stringent controls would force fuel switching. The state's task appears more difficult after it joined New Jersey Attorney General Peter Harvey and other states May 18 in suing EPA over its mercury rule for power plants, saying it...

STATES, ENVIRONMENTALISTS CHALLENGE EPA MERCURY RULES

New Jersey is leading a multi-state state effort to challenge EPA's final cap-and-trade mercury rule, which was published in the Federal Register May 18. Other states include California, Connecticut, Maine, Massachusetts, New Hampshire, New Mexico, New York, Vermont and Wisconsin. Environmental groups including the Natural Resources Defense Council, the U.S. Public Interest Research Group, the Clean Air Task Force, the Chesapeake Bay Foundation, Waterkeeper Alliance and others also filed suit against the rule. The petitions, filed in the U.S. Court...

WESTERN AIR GROUP QUIETLY CONSIDERS ADDRESSING CLIMATE CHANGE

The Western Regional Air Partnership (WRAP) is considering delving into the politically sensitive issue of addressing climate change. The group, which was formed to tackle regional haze in Western states, has agreed to hold a second board meeting on the topic this summer to discuss what -- if anything -- it wants to do on the issue. At a WRAP meeting last month, the group held a half-day information session on global warming and its impacts in the West, which...

CALIFORNIA DRAFTS CAP-AND-TRADE OPTIONS IN CLIMATE CHANGE POLICY

The California EPA (Cal/EPA) has completed options to pursue a statewide greenhouse gas emissions cap-and-trade program, and Gov. Arnold Schwarzenegger (R) is expected to soon announce emission reduction targets for the state, sources say. The effort has national implications because of California's size and the potential that other states may follow suit, sources say. Cal/EPA is leading an "intergovernmental working group" to evaluate options for a comprehensive greenhouse gas cap-and-trade program for the state, according to agency sources. It is...

WESTERN AIR OFFICIALS EYE MAJOR PUSH TO OVERHAUL PARK AIR RULES

Western state air officials are planning a major effort aimed at convincing EPA to accept a new approach to setting emissions limits in national parks and other pristine areas that shifts away from air quality thresholds and instead relies on ecological impacts. Supporters of what is known as the "critical load" approach say it is the most effective method for protecting human health and habitats because it limits emissions based on the damage caused to local ecosystems. It would set...

WESTERN STATES URGE EPA TO ADOPT LONG-AWAITED PSD ADVICE

The Western States Air Resources Council (WESTAR) last month formally adopted 14 recommendations to EPA on how to reform and simplify the prevention of significant deterioration (PSD) permit program, which is designed to maintain clean-air areas such as parks and wilderness. But the group, comprised of Western state officials, acknowledges that the consensus recommendations are a "carefully balanc[ed]" compromise that EPA should adopt in its entirety, rather than piecemeal. "We encourage EPA to consider these recommendations in total, thereby maintaining...

EPA PLEDGE FOR CLEAR SKIES ANALYSIS UNLIKELY TO RESOLVE CONCERNS

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

EPA SCIENCE PANEL SEEKS UNUSUAL REVIEW OF COARSE AIR PARTICLE PLAN

An EPA science advisory panel has made the unusual decision to clear agency staff recommendations on pollution standards for larger particulate matter (PM), known as "PM coarse," while reserving the right to further review the plan after it is sent to the agency administrator. The decision highlights lingering scientific concerns about assessing the health risks of particulate matter emissions in various parts of the country. The particulate matter review panel of the agency's Clean Air Scientific Advisory Committee (CASAC) held...

NEW YORK PROPOSES GHG VEHICLE STANDARD DESPITE LEGAL UNCERTAINTIES

New York state environmental officials are moving forward with a state proposal to regulate greenhouse gases (GHGs) from automobiles despite the legal uncertainty surrounding the plan, which is modeled after a California law the auto industry is already challenging. The state, which is the first besides California to go on the record to say it will adopt the regulation, is pressing ahead with the proposal despite the expectation of an auto industry lawsuit in New York. Officials say they must...

MEXICAN TRUCKERS IRATE OVER BORDER INSPECTION LAW TO TEST EMISSIONS

Mexican trucking companies are blasting California's 2004 law requiring trucks entering the state beginning next year to meet U.S. emission standards, saying their operations are being unfairly discriminated against, possibly in violation of the North American Free Trade Agreement (NAFTA), according to sources. The Mexican truckers are also apprehensive about new California Air Resources Board (CARB) regulations that will bolster the state's heavy-duty diesel engine inspections at border crossings, which have been proposed as a backstop should the 2004 law...

DOI READIES MAJOR REPORT THAT COULD SET NATIONAL WIND ENERGY POLICY

The Department of the Interior (DOI) is poised to release a major evaluation of wind energy development on public lands, including an evaluation of the establishment of a national wind energy program and policy. The study will assess the impacts of wind energy development on public lands in 11 Western states, review government policies and suggest ways to minimize adverse environmental impacts of wind farms. Wind farm development has become a controversial issue, with the public hesitant to have huge...

DOD FACES ETHANOL REQUIREMENT TO HELP LIMIT U.S. NEED FOR FOREIGN OIL

The Defense Department is facing growing pressure from Congress and others to help limit U.S. dependence on foreign oil, with lawmakers including language in the defense authorization bill to increase the military's use of renewable fuels. Environmentalists support the effort saying it would help them make the case for increased energy efficiency and reduced greenhouse gas emissions. At the same time, a scientific group is urging DOD to consider fuel costs in future weapons procurement contracts -- a move the...

BIODIESEL MAY NOT INCREASE NITROGEN OXIDES EMISSIONS, DOE LAB FINDS

Extensive testing at an Energy Department laboratory contradicts the widely held belief that burning biodiesel produces more nitrogen oxide (NOx) air emissions than traditional diesel, a top lab official reported May 9 at a Society of Automotive Engineers (SAE) conference in Washington, D.C. Air regulators and environmental groups have been slow to embrace biodiesel, a renewable fuel that substantially lowers hydrocarbon and particulate matter emissions, because of concern over increases in NOx emissions, a major contributor to ground-level ozone. An...

TRIBES EYE UPCOMING GAO STUDY AS LOBBYING TOOL FOR FUNDING BOOST

Indian tribes believe an upcoming Government Accountability Office (GAO) report examining the process that EPA uses to decide when tribes can be treated as states and take over authority for air and water programs could be a potent lobbying tool to pressure lawmakers to boost funding for tribes looking to take on such programs. Tribal and GAO sources agree that under-funding is one of the major issues being raised as GAO inspectors visit tribal authorities to ask them about the...

EPA REJECTS ENVIRONMENTALISTS' PETITION ON 8-HOUR OZONE IMPLEMENTATION

EPA has rejected a petition from environmentalists to reconsider several aspects of its 8-hour ozone implementation rule and has upheld the agency's original decision to phase out the older, 1-hour standard and allow states to focus on attaining the 8-hour standard. The rejection clears the way for Earthjustice to pursue separate legal action against the agency over the rule. "Provisions of the Clean Air Act triggered by failure to attain the 1-hour standard, including Section 185 fees imposed on emissions...

EPA CLEAN AIR ADVISERS QUESTION PROPOSED COST-BENEFIT STUDIES

An EPA advisory panel is raising concerns with two agency proposed projects intended to help determine the costs and benefits of reducing certain air emissions, while urging agency staff to continue discussing potential research on the ecological effects of the 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 nitrogen oxides, on water bodies. Final recommendations by the...

EPA PLAN FOR 45-DAY CLEAN DIESEL EXTENSION DRAWS MUTED REACTION

Environmentalists and industry groups relying on upcoming clean fuel sulfur requirements are offering a reserved reaction to EPA's plan to allow diesel fuel distributors additional time to meet an upcoming deadline for clean diesel fuel, suggesting that the extension may not have a major effect unless EPA further delays the rule. One environmentalist says the move would not likely spark significant objections by environmental groups as long as it is not a prelude to an additional relaxation of the requirement...

New York Proposes Greenhouse Gas Rules Despite Lingering Legal Questions

New York environment officials are moving forward with a proposal to regulate greenhouse gases from automobiles despite lingering legal questions surrounding the plan, which is modeled after a California law that the auto industry is challenging in federal court. Environmentalists say New York's willingness to be the first state after California to adopt greenhouse gas rules despite legal challenges should encourage other Northeastern states eyeing similar standards. The state of New York is pressing ahead with its plan despite another...

Nuclear Provisions In Revised Climate Bill Jeopardize Environmentalist Support

Environmentalists are grappling with whether they should abandon their support for landmark climate change legislation by Sens. John McCain (R-AZ) and Joseph Lieberman (D-CT), after the lawmakers included incentives for nuclear power in an apparent attempt to broaden congressional support for the measure. Greenhouse gas controls have been a top policy priority for environmentalists for some time, and the McCain-Lieberman bill has been a leading proposal in achieving that goal. But at the same time, a recent push by some...

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