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.

State Officials Decline To Vote On Plan For Limiting Multiple Air Pollutants

OKLAHOMA CITY, Oct. 5 -- State environment secretaries at their annual meeting have rejected voting on a draft resolution that would have urged EPA to include air emission control requirements for all power plants in its upcoming interstate air pollution rule. After a two-hour debate on the resolution, which would have provided strong backing for EPA's thrust on emissions trading, the Environmental Council of the States decided on Oct. 5 to put off a vote for now. The resolution would...

EPA LIKELY TO SEEK FULL APPELLATE REVIEW OF RARE AIR RULE 'VACATUR'

EPA is planning to appeal a precedent-setting federal appellate decision vacating a clean air rule because agency officials fear it could set a dangerous precedent for immediately vacating defective air quality standards rather than remanding them to the agency for reconsideration, sources tracking the issue say. EPA is particularly worried that if the ruling is allowed to stand, future courts can rely on the precedent to vacate rules that could be easily remedied, leaving the agency without any standard and...

California's CO2 Rule Faces Major Administrative Hurdle To Win EPA Waiver

Implementation of California's landmark greenhouse gas regulations for passenger and light-duty vehicles faces several substantial administrative hurdles over the next several years, in addition to a likely lawsuit by the auto industry. Not only must the state's Air Resources Board (ARB) convince the federal EPA that a Clean Air Act waiver is warranted to allow the rules to take effect, it faces potential noncompliance by the industry based on arguments that there is inadequate lead-time to meet the new technology...

UTILITIES DELAY ACTION ON NSR PACTS PENDING AIR TRANSPORT RULE RELEASE

Some power companies are reluctant to pursue settlements with EPA over alleged violations of the Clean Air Act's new source review (NSR) program until the Bush administration finalizes EPA's upcoming regulation to curb transported air pollution, sources say. The sources say some utilities may be delaying action on the settlements at least in part because they are concerned that the pacts would create competitive disadvantages if their competitors were not subject to the rule's requirements. One source tracking the issue...

NORTHEAST GRAPPLING WITH KEY ISSUES FOR NATIONAL CLIMATE MODEL

Northeast regulators seeking to develop a landmark regional climate change program are confronting several issues that could make it difficult for the program to achieve its goal of becoming a national model for regulating greenhouse gas emissions, according to observers and participants in the effort. These sources say the Regional Greenhouse Gas Initiative (RGGI) is working to addresses concerns that future regional restrictions on energy production will increase power imports and boost emissions in other areas. The issue, known as...

EPA WAIVER, INDUSTRY NONCOMPLIANCE MAY THWART ARB VEHICLE GHG RULE

The implementation of the air board's landmark greenhouse gas (GHG) regulations for passenger and light-duty vehicles faces several substantial administrative hurdles over the next several years, in addition to a likely lawsuit by the auto industry. Not only must the board convince U.S. EPA that a Clean Air Act waiver is warranted to allow the rules to take effect, it faces future noncompliance by the industry based on arguments that there is inadequate lead-time to meet the new technology requirements,...

EPA DISHES OUT $6 MILLION FOR WEST COAST DIESEL-REDUCTION PROJECTS

U.S. EPA Region IX and state air officials this week announced $6 million of EPA funding for West Coast projects to reduce diesel emissions from trucks, ships, locomotives and other diesel sources. The projects, funded in part by EPA's "West Coast Diesel Emission Reduction Collaborative," include installing electric repowering facilities at truck stops to reduce idling, developing technology to reduce locomotive emissions and renovating some port facilities to provide electric powering for large cruise ships. The diesel-reduction projects featured this...

SOUTH COAST RIPS CPR PLAN TO STREAMLINE PETROLEUM PROJECT PERMITTING

South Coast air district officials are ripping a recommendation in the administration's California Performance Review (CPR) report to streamline the local permitting process for petroleum infrastructure expansion. The board was expected Oct. 1 to approve a resolution opposing the CPR's recommendation, arguing that it improperly and haphazardly wrests legal authority from local agencies to review and approve appropriate permits. The strong response by the district adds to concerns amongst stakeholders about the potential for the environment and public input to...

CERTIFICATION POTENTIAL NEW HURDLE IN DISPUTED ARB LAWN MOWER REG

Manufacturers of lawn and garden equipment subject to a new California emission regulation are urging air board staff to help companies comply with critical engine certification procedures or face potential compliance problems with the rules. Special guidance documents are being drafted by board staff to accommodate the industry, with workshops expected to be held soon. The Air Resources Board's small off-road engine (SORE) regulation was approved by the Office of Administrative Law (OAL) just last week, nearly one full year...

ARB DETAILS PROPOSAL REQUIRING LOW-SULFUR DIESEL IN BOATS, TRAINS

Air board officials this week unveiled details to their proposal to require harbor craft and some locomotives to use ultra low-sulfur diesel fuel, which is aimed at reducing nitrogen oxide (NOx), particulate matter (PM) and sulfur oxides (SOx). Railroad representatives earlier this year raised questions about whether the rules will impact fuel availability and whether federal authority to regulate locomotives may preclude the state rules. Air Resources Board staff proposed this week that a standard for diesel fuel having a...

THINK TANK EYES FORMING PANEL WITH EPA TO HELP COMPLETE MERCURY RULE

The Environmental Law Institute (ELI) may form a mercury policy panel to provide advice on the feasibility of EPA's proposed mercury rule as the agency seeks to finalize the controversial plan, which would require utilities to reduce toxic mercury emissions for the first time. Any plan to hold such a forum has not been finalized, according to one ELI source, but it is being supported by former Acting EPA Administrator Marianne Lamont Horinko, who is now affiliated with ELI, an...

MANUFACTURERS CONTINUE PUSHING LIMITS ON SCOPE OF EPA TRANSPORT RULE

Large manufacturers, including industrial boilers, chemical plants and paper companies, are ramping up pressure on the Bush administration to exempt their facilities from the clean air interstate rule (CAIR) and future initiatives to restrict interstate air pollution transport. The group is urging the White House to only include an industrial source in CAIR if doing so would allow at least 16 new counties to attain national ambient air quality standards (NAAQS). This language, included in a supplement to the CAIR...

Utilities Delay Action On NSR Pacts Pending Air Transport Rule Release

Some power companies are reluctant to pursue settlements with EPA over alleged violations of the Clean Air Act's new source review (NSR) program until the Bush administration finalizes EPA's upcoming regulation to curb transported air pollution, sources say. The sources say some utilities might be delaying action on the settlements at least in part because they are concerned that the pacts would create competitive disadvantages if their competitors were not subject to the rule's requirements. One source tracking the issue...

Senators Urge Powell To Allow Independent Release Of Arctic Greenhouse Gas Report

A bipartisan group of senators is pushing Secretary of State Colin Powell to allow the stand-alone release of a key international report recommending policies to mitigate the effects of climate change on the Arctic. The group, including Senate science committee Chairman John McCain (R-AZ), Olympia Snowe (R-ME) and Frank Lautenberg (D-NJ), is asking Powell to ensure that the report is presented to foreign ministers of the seven-nation Arctic Council later this year in stand-alone form after State Department officials sought...

STATE OFFICIALS PUSH FOR NEW EMISSION CREDIT TRADING PROGRAMS

Top state air officials and stakeholder groups are beginning a major push to develop novel emission reduction credit (ERC) trading programs, as credits become scarcer by the day, threatening the ability of businesses to locate and expand in nonattainment areas. Leaders of the effort are optimistic that breakthroughs can be achieved, especially because U.S. EPA Region IX has joined the effort and is signaling it is open to innovative proposals -- a position that has not existed in past ERC-generation...

WIDESPREAD OPPOSITION SEEN KILLING CPR PLAN TO ELIMINATE ARB

Following a California Performance Review (CPR) Commission meeting that featured strong resistance to a recommendation to eliminate the air board, several sources are predicting that the proposal will be off the table when the governor decides which concepts to pursue in his effort to streamline state government. Other Cal/EPA reorganization proposals -- such as eliminating the regional water boards and consolidating waste management regulatory oversight -- face opposition but appear to have more traction than getting rid of the air...

FARMERS EXPECT SETTLEMENT TO EXEMPT MORE DAIRIES FROM SAN JOAQUIN RULE

Dairy industry representatives say they believe a lawsuit settlement reached this week with the San Joaquin Valley air district over new Clean Air Act permitting requirements for farms will exempt more existing and new dairies from permitting and future control measures. Industry officials expect new emission factors called for by the settlement that more accurately estimate current facility pollution levels will replace estimates now being used by the district that date back to the 1930s, sources said. Among other things,...

RISK, ENFORCEMENT DEBATED IN ARB WOOD-PRODUCT FORMALDEHYDE RULE

Air board officials and industry representatives are continuing to debate enforcement issues and the risk assessment basis of an evolving control measure to reduce formaldehyde emissions from a variety of composite-wood products. The rule -- the first of its kind in the nation -- has potentially widespread impacts, including that it may be copied by other states looking to reduce indoor pollution. But it also threatens to hurt U.S. industry if enforcement is insufficient to target furniture and other products...

TOP BUSH AIR OFFICIAL SAYS OXYGENATE REQUIREMENT 'MAY NOT BE NEEDED'

The Bush Administration's top air official says a controversial oxygenated fuel requirement "may not be needed," adding that U.S. EPA is hoping comprehensive energy legislation would relieve states like New York and California from having to blend their gasoline with oxygenates, such as MTBE or ethanol. The statement fuels speculation that the administration is inclined to grant such waivers. "We kept hoping Congress would deal with it, but we now have an independent responsibility to deal with it," said Jeffrey...

STATES' STUDY ON MERCURY CONTROL BENEFITS MAY TIGHTEN EPA UTILITY RULE

A draft analysis conducted for northeast states on the benefits of mercury controls for power plants could pressure the Bush administration to tighten its proposed mercury rules because it increases the estimated health benefits of regulating mercury emissions over previous government and industry assessments, sources say. Increasing the estimated health benefits of emissions controls makes it easier to justify the higher costs of imposing stricter controls. "If these new values are considered credible they would significantly boost the benefits associated...

Pages

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.