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.

CANADA'S VOLUNTARY GHG DEAL COULD BE FACTOR IN CALIFORNIA AUTO SUIT

A voluntary agreement reached late last month between three leading U.S. automakers and the Canadian government to reduce greenhouse gas (GHG) emissions could become a factor in the industry's pending litigation over a California climate change law, according to activist groups, who say the Canadian deal is proof that auto companies can achieve the fuel economy levels required by California law. Industry officials counter that the Canadian deal is irrelevant to the lawsuit because the agreement sets fuel economy targets...

INDUSTRY MAKES PUSH ON CAPITOL HILL FOR MORE FLEXIBLE HAZE MODELING

Industry groups have begun a congressional lobbying effort to win additional flexibility -- perhaps in the form of an appropriations rider -- under EPA and Department of Interior (DOI) rules for calculating whether emissions from proposed new power plants or other industrial sources will reduce visibility. The effort includes discussions with Capitol Hill offices on whether to require a new EPA rulemaking on the issue and recent testimony in the Senate energy committee claiming that a newly issued EPA regional...

FAA PROPOSALS MAY SPUR UNCHECKED EMISSIONS INCREASE, ACTIVISTS SAY

Activists are threatening litigation because of their concerns about a Federal Aviation Administration (FAA) proposal to change the way it implements the National Environmental Policy Act (NEPA), which would excuse airports from environmental reviews of some increases in plane traffic. The proposal is "extremely concerning" to activists, who are vowing to use an extended comment period to register more objections. Under the proposal, FAA would allow an increase in takeoffs and landings at airports to qualify as categorical exclusions from...

EPA OFFICIAL EXPECTS SUIT LIKELY TO FORCE 'SOME CHANGES' TO NSR REFORMS

An EPA official is suggesting that litigation over the Bush administration's controversial 2002 new source review (NSR) reforms will probably lead a federal appeals court hearing the suit to overturn at least some parts of the regulations and force EPA to amend the rules. Citing detailed questioning by the court on EPA's justification for the reforms, Janet McDonald of EPA's Office of Air Quality Planning & Standards told attendees at an environment and energy conference co-sponsored by the Air and...

ACTIVISTS HOPE EPA ORDER TO ILLINOIS ON NSR WILL LIMIT TITLE V PERMITS

EPA is directing Illinois to respond to objections environmentalists have raised to air permits proposed for Chicago-area power plants, including allegations that the plants are violating new source review (NSR) rules by failing to install pollution-control devices after updating their equipment. Environmentalists say the new dictate -- sparked by a consent decree resolving an environmentalists' lawsuit against the agency -- could set a precedent by making it more difficult for states to issue Title V operating permits, which combine Clean...

CHEMICAL RISKS PROMPT EPA TO EYE STRICTER AIR RULES FOR DRY CLEANERS

EPA concerns about the risks posed by a dry-cleaning chemical are likely to spark stricter rules for major emitters and thousands of smaller businesses and may lead to a ban on the compound as part of an upcoming air toxics rule, agency sources say. The restrictions under consideration may be included in a proposed residual risk rule for tetrachloroethylene (perc) emitters following preliminary EPA determinations that existing control technologies are not adequately managing risks. Agency researchers are still completing a...

INDUSTRY GROUPS QUESTION BASIS OF EPA STAFF'S CALL FOR NEW PM RULES

Industry officials plan to argue before an EPA scientific advisory panel that evidence is lacking to justify agency staff recommendations for new particulate matter (PM) standards, and that the latest scientific findings undermine the case for PM standards that are already in place. Career staff at EPA issued a paper earlier this year recommending tighter standards for fine particles (PM2.5), as well as a new standard for larger particles known as "PM coarse." At press time, an official representing an...

AUTO, OIL COMPANIES REACH FIRST-TIME SHAREHOLDER PACTS ON CLIMATE ISSUE

Several major corporations have reached agreements with shareholders to assess the impact of climate change on their operations, marking the first time that automobile and petroleum companies have entered into agreements on global warming liability. At the same time, several other major companies may face shareholder resolutions this spring seeking increased disclosure on how they are responding to the threat of climate change. Shareholders have decided for the first time to file climate resolutions in the real estate sector, as...

ENVIRONMENTALISTS SEEK CLIMATE CHANGE COMMITMENT FROM EPA NOMINEE

Environmentalists are seeking to counter efforts by Senate environment committee chairman James Inhofe (R-OK), who wants to ensure that EPA Administrator-nominee Stephen Johnson does not have a predetermined belief in the existence of global warming. Ten environmental groups signed an April 5 letter to members of the committee ahead of Johnson's April 6 confirmation hearing, urging lawmakers to win commitments from Johnson that he will evaluate global warming and other public health issues based only on the best available science...

EPA Air Official Says Litigation Will Likely Force Changes To NSR Reforms

An EPA official has suggested that pending litigation over the Bush administration's controversial 2002 new source review (NSR) reforms would likely lead a federal appeals court to overturn at least some parts of the regulations and force EPA to amend the rules. Citing detailed questioning by the court on EPA's justification for the reforms, Janet McDonald of EPA's Office of Air Quality Planning and Standards told attendees at an environment and energy conference co-sponsored by the Air and Waste Management...

Utility Controls Could Transfer Mercury To Dry Wall Makers

EPA officials may consider first-time mercury emissions regulations for wallboard manufacturers because industry production techniques could release mercury trapped in power plant waste as a result of utility controls required by the agency's controversial new mercury rule. Utility researchers, wallboard manufacturers and Energy Department (DOE) officials are launching a series of new studies to quantify how much mercury from utility waste is released when the waste is processed and heated during the manufacture of wallboard. However, it is unclear whether...

EPA Seeks To Codify Plan To Relax NSR Requirements In Ozone Rule

EPA has issued a proposed rule that would relax new source review (NSR) requirements in many areas of the country, as part of the agency's new 8-hour ozone standard. The proposal , published on EPA's web site March 30, would revoke NSR mandates that applied under the old 1-hour ozone standard, which the agency is now phasing out. This means that some businesses would face less stringent requirements to install state-of-the-art control pollution technology when they build new facilities or...

Environmentalists Target Auto Dealers To Push Ford On Hybrid Vehicles

Environmentalists are launching a new campaign aimed at pressing Ford Motor Co. to speed development of hybrid vehicles to cut greenhouse gas emissions by targeting Ford dealers, who many say are losing sales to foreign hybrid manufacturers. The Sierra Club, Bluewater Network, Global Exchange and several other environmental groups will launch their Adopt-A-Dealer campaign on April 1, with the goal of attracting a large number of dealers to back their efforts to pressure Ford to speed its line of hybrid...

Utility Research Group Cites Vehicle Metals As Major Particulate Risk

Scientists at a power industry-funded research organization say preliminary, unreleased data indicate possible adverse health effects from metals found in car brakes and tires. The power industry may use these results to pressure states and EPA to enact strict emissions regulations for particulate matter (PM) that comes from mobile sources rather than utilities, industry officials and some scientists say. However, some scientists not affiliated with the study maintain the only types of metals proven to have serious health effects are...

Chemical Risks Prompt EPA To Eye Stricter Air Rules For Dry-Cleaners

EPA concerns about the risks posed by a dry-cleaning chemical are likely to result in stricter rules for major emitters and thousands of smaller businesses and may result in a ban on the compound as part of an upcoming air toxics rule, agency sources say. The restrictions under consideration may be included in a proposed residual risk rule for tetrachloroethylene (perc) emitters following preliminary EPA risk determinations that existing control technologies are not adequately managing risks. Agency researchers are still...

EPA Leaves Door Open On Applying Data Challenges To State Rules

EPA is declining to rule definitively on whether the Information Quality Act (IQA) should apply to agency-approved state actions, suggesting in recent correspondence with the paint industry that the sector's long-running opposition to state ozone rules could be considered in a challenge to another state plan. A final EPA decision on allowing the paint industry's IQA request to move forward would likely set a precedent on whether the federal government believes the act can force revisions to state regulatory actions...

Industry Mounts Lobbying Push In Congress For More Flexible Haze Modeling

Industry groups have begun a congressional lobbying effort to win additional flexibility -- perhaps in the form of an appropriations rider -- under EPA and Department of Interior (DOI) rules for calculating whether emissions from proposed new power plants or other industrial sources will reduce visibility. The effort includes discussions with Capitol Hill offices on whether to require a new EPA rulemaking on the issue and recent testimony in the Senate energy committee claiming that a newly issued EPA regional...

States Eye Stricter Mercury Policies In Wake Of Much-Criticized EPA Rule

Officials in numerous states are considering tough new legislative or regulatory proposals to control mercury emissions from power plants, after EPA issued a controversial rulemaking that many state officials criticized as insufficiently stringent. Starting this year, proposals for strict mercury requirements are expected to come up in states with a major coal industry presence, such as Pennsylvania and Indiana. And other states may seek to get around existing policies that prevent them from issuing any environmental requirements stronger than those...

INDUSTRY MAKES PUSH ON CAPITOL HILL FOR MORE FLEXIBLE HAZE MODELING

Industry groups have begun a congressional lobbying effort to win additional flexibility -- perhaps in the form of an appropriations rider -- under EPA and Department of Interior (DOI) rules for calculating whether emissions from proposed new power plants or other industrial sources will reduce visibility. The effort includes discussions with Capitol Hill offices on whether to require a new EPA rulemaking on the issue and recent testimony in the Senate energy committee claiming that a newly issued EPA regional...

OAL REJECTS ARB PORTABLE ENGINE RULE, SAYS CONCERNS UNRESOLVED

The air board failed to properly resolve legitimate industry concerns regarding recently adopted changes to its portable engine registration program (PERP) and must revise its regulations, according to the Office of Administrative Law (OAL). The rejection of the rule amendments by the state legal office represents a win for some of the affected industries that use portable engines and may lead to revisions that provide more flexibility under the PERP, allowing some engines to escape local air district permitting. The...

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