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 BEEFS UP BORDER TRUCK INSPECTIONS AS BACKSTOP FOR SHAKY LAW

Based on doubts about the legality of a 2004 state law, air board officials plan to beef up inspections of trucks entering California from Mexico through the enforcement of state emission standards at several key locations. Officials believe this step is critical to help mitigate expected air pollution increases from Mexico trucks when they are given full access to U.S. roads under the North American Free Trade Agreement (NAFTA). The Air Resources Board's action is based, in part, on the...

SOUTH COAST BOLSTERS LEGAL ARGUMENT TO CHARGE RAILROAD FEES

South Coast air district officials are bolstering legal arguments to convince legislators to back a bill enabling the district to assess fees on railroads to mitigate locomotive emissions. The legislation is considered critical for the district to overcome regulatory blockades for federal sources of pollution, but is being strongly opposed by the railroads, which argue the district is preempted by federal law from charging the fees. SB 459 (Sen. Gloria Romero, D-Los Angeles), which contains the South Coast air district's...

PLAN FOR WESTERN STATES POWER LINE DRAWS CLEAN-ENERGY CRITICISM

A pact between California and three Western states to build a major power transmission line to bring significant amounts of conventional and renewable energy mostly to California through expedited permitting is drawing criticism from some clean-energy advocates, who argue the movement of dirtier coal-generated power should not be paid for by California ratepayers. The governors of California, Wyoming, Nevada and Utah this week signed an agreement to build a transmission line running through each state, to bring more power mostly...

EPA MACT DELAY MAY FORCE BOILERS TO SEEK PERMITS UNDER 'HAMMER'

More than 100 industrial boilers that burn hazardous waste will likely have to develop detailed permitting applications under the Clean Air Act's so-called "hammer" deadline for air toxics rules because EPA said this week that it will not be able to issue a regulation on the issue. One source says this may be the first time facilities will have to seek permits under the hammer. The move comes after EPA told a federal court it will not complete related maximum...

EPA AIR OFFICIAL SAYS LITIGATION WILL LIKELY FORCE CHANGES TO NSR RULES

An EPA official recently 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 & Standards told attendees at an environment and energy conference co-sponsored by the Air & Waste Management...

MERCURY RULE, CAIR FACE POSSIBLE LAWSUITS FROM INDUSTRY, STATES

EPA's final rules for mercury and interstate air pollution are facing litigation threats from somewhat unexpected sectors, with Eastern coal companies considering litigation because the the mercury rule disproportionately benefits Western coal and states eyeing lawsuits to challenge credit allocations in the clean air interstate rule (CAIR). The mercury dispute could also foreshadow fights over the Bush administration's Clear Skies legislation, which has fueled a similar debate among coal companies despite their overall support for the bill. Several sources note...

COURTS MOVE CLOSER TO RULING IN TWO KEY CLIMATE CHANGE LAWSUITS

Federal courts will hear oral arguments later this month in two key lawsuits on regulating greenhouse gases under the Clean Air Act and the National Environmental Policy Act (NEPA), which could have major implications for the federal government's responsibility to oversee global climate change, in the absence of new legislative mandates. Parties will outline their arguments April 8 to a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit in Commonwealth of Massachusetts et al...

Courts Move Closer To Ruling On Key Climate Change Lawsuits

Federal courts will hear oral arguments this month in two key lawsuits on regulating greenhouse gases under the Clean Air Act and the National Environmental Policy Act (NEPA), which could have major implications for the federal government's responsibility to oversee global climate change in the absence of a statutory mandate. Parties will outline their arguments April 8 to a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit in Commonwealth of Massachusetts et al v...

Environmentalists View Voluntary Climate Change Vote As Moral Victory

Despite an aggressive campaign for mandatory greenhouse gas controls, environmentalists say a congressional vote on voluntary measures to address climate change would still be a victory. Environmentalists are targeting a list of more than 10 senators as potential swing votes on climate legislation, with proposals by Sen. Chuck Hagel (R-NE) being considered as leading contenders. Among the Republican senators some activists are targeting are: Lindsey Graham (SC), Sam Brownback (KS) and freshman senators David Vitter (LA) and Mel Martinez (FL)...

EASTERN MINES MAY SUE EPA OVER REGIONAL IMPACTS OF MERCURY RULE

The Bush administration's final mercury rule is sparking a dispute within the coal industry, as Eastern coal companies consider litigation claiming the rule disproportionately benefits varieties of coal found in the West, sources say. The dispute could also foreshadow fights over the Bush administration's Clear Skies legislation, which has fueled a similar debate among coal companies despite their overall support for the bill. Several sources note that Eastern mining companies, unions and state governments are considering lawsuits based on a...

NORTHEAST STATES PUSH LAWMAKERS FOR NEW MERCURY CONTROLS

State air, water and waste officials from the Northeast are calling on their congressional delegations to force the creation of tighter air pollution standards, and an additional federal program limiting mercury pollution from consumer products and waste. The officials argue that problems related to mercury pollution will not improve in their region unless EPA and Congress take steps to issue new air standards and address mercury in consumer products. They say that state and local initiatives have achieved over 90...

EPA STUDY BACKS REJECTED HARVARD EFFORT ON MERCURY CONTROL BENEFITS

A study of the cardiovascular benefits of utility mercury controls conducted for EPA's water office backs similar findings in a Harvard study that the agency rejected when it developed its controversial rule regulating power plant emissions, according to a copy of the study obtained by Inside Washington Publishers. The EPA study has emerged at a time when agency officials are under fire from Democratic lawmakers for rejecting the Harvard study, with the critics saying the agency's failure to consider cardiovascular...

STUDY ON BENEFITS TO INDUSTRY SPARKS DEBATE ON NORTHEAST CLIMATE PLAN

Northeast states are debating how to design an upcoming cap-and-trade program for greenhouse gases, in light of a new analysis cautioning that electric utilities in the region could profit under the initiative by passing compliance costs on to consumers. The study by the think tank Resources for the Future (RFF) shows that if Northeast states base their upcoming carbon dioxide (CO2) emissions trading scheme on EPA's acid rain program, electric generators in the region could benefit from higher electricity prices...

ACTIVISTS SAY STATE CLIMATE BILL COULD CURB ANIMAL FEEDLOT POLLUTION

Environmentalists say a new voluntary climate change bill in North Carolina could allow the state's massive pork production industry to sell emissions credits under any future national cap-and-trade program. The activists are touting the bill as a way to encourage hog feedlots to develop innovative technologies that reduce emissions of the greenhouse gas methane. State Sen. Charles W. Albertson (D) introduced a bill March 23 to set up a "legislative commission on global climate change" that includes industry officials and...

CALIFORNIA MAY SUE OVER CLEANING PRODUCT'S INDOOR AIR IMPACTS

California air officials are requesting the state attorney general's (AG) office to take legal action against manufacturers of indoor air cleaning devices that emit allegedly unhealthy amounts of ozone. If pursued, the move could lead to future actions in the state against other indoor air products. EPA generally lacks authority to regulate indoor air pollution. California Air Resources Board (CARB) legal officials recently sent a letter to the AG asking for "action to address ozone generators," said Dorothy Shimer, a...

SENATORS MAY SEEK RATIFICATION OF OCEAN EMISSIONS TREATY THIS SPRING

The Senate may take up a treaty this spring ratifying an international shipping agreement to limit sulfur emissions in maritime diesel fuel, following a long delay in addressing the issue, sources say. Supporters of the agreement, including shipping industry officials and activists, are stepping up their lobbying efforts after receiving word that the Senate may consider the bill before the international agreement takes effect next month. The treaty has stalled until now in the Senate Foreign Relations Committee. Proponents have...

INDUSTRY SEEKS INJUNCTION ON CALIFORNIA TRUCK ENGINE-FIX REGULATION

National truck engine manufacturers are suing California's air board over its landmark regulation for companies to fix thousands of engine computers to reduce nitrogen oxide (NOx) emissions by the end of 2005. The lawsuit, which claims the state rule violates both state and federal legal settlements for the engine fixes, seeks an injunction repealing the regulation and aims to prevent other states from adopting the rule. Lawyers for the Engine Manufacturers Association (EMA) told the California Air Resources Board (CARB)...

STATES EYE LITIGATION OVER EMISSIONS CREDIT PLAN IN INTERSTATE RULE

Despite general support for the regulation, states are debating whether to sue EPA over its clean air interstate rule (CAIR) that regulates power plant emissions because it allocates fewer emissions credits to states that rely on natural gas generation instead of coal. This concern comes in addition to a long-standing worry that the rule is not stringent enough to help some regions of the country meet EPA air quality standards. One state official says litigation over the rule is an...

EPA OFFICIAL SAYS CAIR PARTLY RESPONSIBLE FOR RISE IN SO2 CREDIT VALUE

The value of sulfur dioxide (SO2) allowances issued under EPA's acid rain program has almost tripled compared to last year's figure. An agency official says a key factor is the tighter SO2 caps under the agency's clean air interstate rule (CAIR). At EPA's March 28 auction of SO2 allowances, the average bid price for an allowance that can be used this year was $702, almost three times the average 2004 bid price of $272. The average price at the agency's...

ENVIRONMENTALISTS EYE SIP LAWSUIT TO REDUCE POLLUTION FASTER THAN CAIR

Environmentalists are threatening litigation they claim could force some large pollution sources to make greater and faster reductions of a key ozone-forming pollutant compared to EPA's clean air interstate rule (CAIR) -- even though the litigation is not directly challenging that regulation. In a March 23 letter to EPA Acting Administrator Steve Johnson, the Center for Biological Diversity and Valley Watch allege that EPA has improperly failed to require 22 states and the District of Columbia to revise state pollution...

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