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.

LAWSUIT ARGUES TEXAS IGNORED OLD OZONE RULE IN FAVOR OF NEW ONE

Environmentalists are suing EPA and charging the Dallas-Fort Worth area has failed to meet a long-standing requirement for cleaning up ozone pollution, while arguing the agency has muddied the waters by announcing it would revoke this rule during the transition to a new and stricter standard. The lawsuit may preview debates in other major cities that have not yet met requirements under the agency's 1-hour ozone standard, which EPA intends to revoke next year. The new 8-hour ozone rule will...

DELAY IN EPA VOC DECISION MAY HAMPER USE OF LESS-HARMFUL CHEMICAL

EPA's delay in exempting a chemical from regulation as a volatile organic compound (VOC) may postpone widespread use of the substance in a slew of ground-level ozone nonattainment areas -- even though EPA just approved it as an alternative to a chemical recently banned for depleting the stratospheric ozone layer, EPA and industry sources say. EPA's failure to finalize the VOC exemption discourages local areas out of attainment with federal ground-level ozone standards from allowing building contractors and others to...

NORTHEAST STATES WORRY OVER EPA GUIDE WAIVING SOME OZONE MANDATES

EPA's plan to continue waiving some nitrogen oxide (NOx) reduction requirements as states transition to implementing the agency's new 8-hour ozone rule is reviving Northeast states' concerns about potential increases in ozone transported from upwind states obtaining the exemptions, state sources say. EPA proposed in a Sept. 1 draft guidance -- which updates a 1993 guidance on ozone rule implementation -- to continue waiving NOx requirements under section 182(f) of the Clean Air Act in areas where lowering emissions can...

STATES TO OUTLINE PROPOSAL FOR MAJOR AIR PERMIT PROGRAM CHANGES

Western state air officials will release initial recommendations in the next few weeks for changes to a major EPA air permitting program, in the wake of a high-profile controversy this spring over the proposed expansion of power plants located adjacent to a national park in North Dakota. Air officials say the lengthy dispute in that state points to the need for regulatory changes to EPA's prevention of significant deterioration (PSD) program, which outlines permit requirements for sources in areas that...

SETTLEMENT PAVES WAY FOR USE OF 'EXPERIMENTAL' TECHNOLOGY IN PERMITS

Environmentalists have ended a legal challenge to an air permit for a Missouri cement plant, permitting the facility to set a possible precedent allowing industry more flexibility in its use of pollution controls. At the same time, EPA's objections to the permit still stand but the agency has tentatively decided not to overrule the state's decision, according to a source with EPA Region VII. An unusual provision in the permit allows the plant to designate certain pollution controls as "innovative...

DOJ SUIT COULD SIGNAL BROADER USE OF AIR ACT'S CRIMINAL PENALTIES

The Justice Department's (DOJ) high-profile prosecution of a New Jersey pipe manufacturer for alleged criminal violations of the Clean Air Act and other environmental laws could signal broader DOJ use of criminal prosecutions under the air law, industry and government attorneys say. In U.S. v. Atlantic States, et. al, a case pending in federal district court in New Jersey, the department is seeking to impose criminal penalties for alleged violations of air act Title V permit requirements for excess carbon...

BARTON DROPPING ENERGY BILL FOCUS FOR CLEAN AIR ACT REAUTHORIZATION

Unable to push comprehensive energy legislation through Congress, a frustrated Rep. Joe Barton (R-TX), chairman of the House Energy & Commerce Committee, is telling lobbyists he will turn his attention next session from the comprehensive energy bill to the Clean Air Act, which has been expired for years. While some proponents of a comprehensive bill on energy still hold out hope for action on a pared-back version in a lame-duck session of Congress, which begins Nov. 16, others concede it...

CORPORATE TAX BILL PROVIDES INCENTIVES FOR MEETING EPA DIESEL RULE

Small oil refiners will likely receive tax breaks to comply with EPA regulations capping the sulfur content of diesel fuel used by trucks, under a provision included in a major corporate tax bill that President Bush is expected to soon sign into law. The tax credits have long been sought by petroleum refiners, who say the costly new EPA rule is hurting small refiners' ability to compete in the marketplace. The provision, which was originally part of stalled energy legislation,...

THINK TANK ARGUES CLIMATE STUDIES UNDERESTIMATE NEW TECHNOLOGY

A prominent climate change think tank is arguing that economic models should provide greater weight to the way climate change requirements promote technological innovation. The group also concludes that projected costs of reducing greenhouse gas emissions are far lower when taking into account policy incentives to develop new technology. The Pew Center on Global Climate Change released an Oct. 13 report arguing for the importance of "induced technological change," which occurs when climate change policies encourage the development of technology...

OREGON TO TAKE NEXT STEP IN WEST COAST GREENHOUSE GAS STRATEGY

An Oregon strategy to reduce the state's greenhouse gas (GHG) emissions from the electric and transportation sectors, setting emissions targets and developing a carbon dioxide allowance system, is the next step in a regional approach to address climate change developed by the three West Coast governors, informed state government sources say. The recently-unveiled strategy recommends setting GHG emissions targets for the state, establishing a task force to develop a CO2 emissions allowance system and developing ways to improve energy efficiency...

CALIFORNIA EYES GAS TAX TO FUND HYDROGEN VEHICLE INITIATIVE

A California panel of experts formed by Gov. Arnold Schwarzenegger (R) to advise the state on accelerating the commercialization of hydrogen-powered vehicles is expected to recommend a new gasoline tax to pay for the project. The proposal is likely to be controversial but could end up in legislation being developed for introduction next year by the California Environmental Protection Agency. In addition to funding, another key issue being considered to promote widespread use of hydrogen vehicles is standardizing the environmental...

Pennsylvania To Be First To Include Coal Waste In Renewable Energy Plan

The Pennsylvania legislature is poised to pass the nation's first renewable portfolio standard (RPS) that would include electricity generated by fossil fuels including coal waste. Gov. Edward Rendell (D) strongly supports using coal waste as a renewable fuel and is unlikely to sign such a measure unless it is included, sources tracking the issue say. The plan to promote the use of coal waste-fueled electricity has attracted the opposition of some state environmental groups, which say there is no data...

EPA Cites High-Court Tobacco Ruling In Argument Against CO2 Controls

In a recent court filing arguing against carbon dioxide (CO2) emission controls, the Bush administration is citing a Supreme Court decision that found the Food and Drug Administration lacked the authority to regulate tobacco, arguing that EPA's broad statutory mandate does not allow the agency to regulate CO2. An Oct. 12 legal brief , filed by the Department of Justice (DOJ) in International Center for Technology Assessment et al. v. Whitman , asks the U.S. District Court for the District...

Industry Raises Data Quality Concerns Over 'Residual Risk' Air Rule

Industry groups are questioning the scientific analyses EPA used in proposing its first "residual risk" air toxics standard, saying the agency may have violated data guidelines under the Information Quality Act. The proposed rule addresses air emissions from coke oven batteries, and could set a precedent for the way EPA develops similar requirements for a host of major industries. At the same time, state air officials are raising separate concerns that the rule is not strict enough and sets a...

Delayed EPA Action Sparks Industry Fears Over Use Of Ozone-Safe Chemical

Industry says EPA's approval of a safe alternative to chemicals that pose a risk to the stratospheric ozone could be of limited benefit because the agency has failed to move quickly on delisting the substitute substance from regulation as a volatile organic compound (VOC). EPA officials say the agency has determined that the substitute chemical should not be regulated as a VOC because it has been shown to have a "negligible" impact on smog, which is the focus of the...

California Eyes Gas Tax To Fund Hydrogen Vehicle Initiative

A California panel of experts formed by the governor to advise the state on accelerating the commercialization of hydrogen-power vehicles is expected to recommend a new gasoline tax to pay for the project. The proposal is likely to be controversial but could end up in legislation being developed for introduction next year by the California Environmental Protection Agency. In addition to funding, another key issue being considered to promote widespread use of hydrogen vehicles is standardizing the environmental permitting process...

GAS TAX HIKE FLOATED TO FUND HYDROGEN VEHICLE COMMERCIALIZATION

A gasoline tax increase to accelerate the commercialization of hydrogen fuel-cell vehicles is likely to be included in recommendations to the governor and Legislature at year's end by Cal/EPA's hydrogen highways project team. This controversial recommendation could potentially make it into a Cal/EPA-sponsored bill next year, according to sources. Standardizing the permitting process to build hydrogen fueling stations is also a top priority of the effort, according to project reports. A commercialization subgroup of the project sees a gas tax...

PG&E CITES GOVERNOR'S BUSINESS AGENDA IN RIPPING ARB FLEET RULE

espite relaxation PG&E CITES GOVERNOR'S BUSINESS AGENDA IN RIPPING ARB FLEET RULE Rural public agencies and major utilities are continuing to blast a draft air board rule to crack down on heavy-duty diesel vehicle emissions, despite board staff's relaxation of the regulation since it was first floated in May. A Pacific Gas & Electric Co. (PG&E) official told air board staffers that the rule clashes with Gov. Arnold Schwarzenegger's efforts to improve the business climate in the state "From the...

UTILITIES TELL GOVERNOR SOLAR COST, PERFORMANCE KEY IN NEW BILLS

Utility and industry representatives are laying out several guiding principles they want the administration to consider when potentially drafting legislation requiring solar units on new homes, including that the systems be proven to be cost-effective and meet performance standards. Environmentalists are concerned some of the principles may complicate future legislation and the governor's "million homes" initiative that failed to pass this year. The industry's "principles" to guide future discussion of solar system mandates were laid out in a Sept. 29...

SAN JOAQUIN AIR PLAN HEADS TO ARB, EPA; LEGAL FIGHT POSSIBLE

The air board later this month is expected to approve a controversial ozone attainment plan for the San Joaquin Valley that may test the state's oversight role as well as U.S. EPA's transition from a one-hour attainment standard to an eight-hour standard, according to sources. Environmentalists maintain that the district and the regulatory agencies are violating the Clean Air Act by allowing the district to extend compliance with the standards and approving a plan that will soon be moot. At...

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