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.

FACING ACTIVISTS' LAWSUIT, EPA TO ISSUE NEW RULES ON MOBILE SOURCE TOXICS

EPA plans next year to propose new controls on air toxic emissions from motor vehicles -- one of the largest sources of hazardous air pollutants in the country -- amid a lengthy court battle with environmentalists who claim the agency missed a self-imposed deadline to finalize rules this year. Petroleum industry officials say they have not yet taken a position on such a rule, but raise concerns that it could be more difficult to control vehicle emissions following an expected...

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...

STATE COMMISSIONERS DEBATE NEW POLICY ON MULTIPOLLUTANT CONTROLS

State environmental commissioners are debating a resolution that would urge EPA to include a minimum air emissions control requirement for all power plants in upcoming federal multipollutant control rules likely to rely significantly on emissions trading, according to a state source familiar with the debate. The debate comes in advance of the Environmental Council of the States' (ECOS) annual meeting Oct. 3-5, where ECOS will discuss possible revisions to a three-year-old policy statement on multipollutant emissions reductions. Another state source...

REGIONS PUSH LOCAL OFFICIALS FOR STRICT MERCURY LIMITS IN WATER PERMITS

Regional EPA officials are urging state and local regulators to require strict numeric discharge limits in their water permits based on the amount of mercury in fish tissue -- despite the agency's support for a more flexible approach in a pending draft guidance. Region X says in comments filed Sept. 20 on a draft implementation guidance for Idaho's mercury water quality criteria that the state's permitting approach may be insufficiently protective of water quality because it allows dischargers to implement...

SPIKE IN UTILITY SO2 EMISSIONS PROMPTS CRITICISM OF TRADING PROGAMS

EPA's new report showing a 4 percent increase in sulfur dioxide (SO2) emissions from power plants in 2003 -- the first time acid rain emissions have increased since 1998 -- is drawing criticism from environmentalists over the benefits of emissions trading programs. EPA officials said the 400,000-ton spike, detailed in an EPA report on acid rain emissions, is due to utilities using long-held "banked" credits -- an incentive Congress gave the companies in the early 1990s for making additional emission...

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 is proposing 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...

ACTIVISTS' BID FOR NAFTA INQUIRY MAY BACK FUTURE SUIT ON MERCURY PLAN

Environmentalists' request for a North American Free Trade Agreement (NAFTA) panel to investigate whether EPA is adequately enforcing the Clean Water Act (CWA) by limiting emissions from coal-fired power plants could provide the groups with information to be used in future litigation against EPA's controversial mercury emissions control plans, an environmental attorney tracking the issue says. The bid also suggests first-time water law arguments environmentalists could use in future litigation against the Bush administration's mercury emissions control plan, although the...

Sixth Circuit Declines To Broaden Landmark TVA Ruling To Superfund

The Sixth Circuit Court of Appeals has declined to expand to the Superfund law the application of a landmark decision in which the 11th Circuit invalidated on constitutional due process grounds administrative penalties EPA levied under the Clean Air Act. In Gurley v. United States , the Sixth Circuit ruled that the 11th Circuit's landmark decision in Tennessee Valley Authority (TVA) v. Whitman did not apply to Superfund law provisions allowing EPA to collect penalties when a defendant fails to...

States' Study On Benefits Of Mercury Controls 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 the analysis 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...

Facing Suit, EPA To Impose New Controls On Emissions From Motor Vehicles

EPA plans next year to propose new controls on air toxic emissions from motor vehicles -- one of the largest sources of hazardous air pollutants in the country -- amid a lengthy court battle with environmentalists who claim the agency missed a self-imposed deadline to finalize rules this year. Petroleum industry officials say they have not yet taken a position on such a rule, but raise concerns that it could be more difficult to control vehicle emissions following an expected...

USDA TASK FORCE PRESSES EPA TO ACT ON CROP-BURNING, FARM RULES

The U.S. Department of Agriculture's (USDA) agricultural air quality task force is putting pressure on EPA to respond, after years of delay, to several contentious policy recommendations -- including a proposal to exempt agricultural burning from particular matter limits and one that exempts agricultural operations from regulatory mandates, promoting voluntary measures instead. A task force member who recently spoke with high-ranking EPA officials says the agency has promised to move forward soon. If EPA agrees to the recommendation on crop...

EPA PLANS INTERNATIONAL TALKS ON NEW DIESEL RULES FOR OCEAN VESSELS

EPA is preparing to hold multilateral discussions on a potential agreement that would limit diesel engine pollution from ocean-going vessels in North American ports, including cruise ships and cargo ships, agency officials say. Industry groups and environmentalists agree that ships are a significant source of diesel emissions, and that current international standards are likely not stringent enough. But industry groups are withholding an opinion on new standards pending studies on how they could impact fuel supplies. EPA air chief Jeffrey...

SENATE GOP 'RIDERS' TARGET ENVIRONMENTALISTS' LAWSUITS AGAINST CAFOS

Sen. Larry Craig (R-ID) may seek to prevent future citizen lawsuits against concentrated animal feeding operations (CAFOs) by attaching legislative riders to EPA's spending bill that exempt the facilities from Superfund and other environmental reporting requirements, according to a Craig staffer. If successful, the amendments appear likely to boost agriculture industry efforts to limit compliance with environmental requirements. The industry is also working with EPA to develop a "safe harbor" agreement that would temporarily exempt CAFOs from Clean Air Act...

INDUSTRY LOBBIES AGAINST POTENTIAL ILLINOIS POWER PLANT POLLUTION PLAN

The Illinois electric utility industry is seeking to stop the Illinois EPA (IEPA) from moving forward with power plant emission rules stricter than the federal government's, claiming that any such plan would put the state at a competitive disadvantage, cost jobs and severely threaten electricity reliability. If IEPA does move forward as expected with a recommendation for stringent emission rules, particularly for mercury, in a report mandated by the legislature and due by the end of this month, it would...

FACING ACTIVISTS' LAWSUIT, EPA TO ISSUE NEW RULES ON MOBILE SOURCE TOXICS

EPA plans next year to propose new controls on air toxic emissions from motor vehicles, one of the largest sources of hazardous air pollutants in the country. The move comes amidst a lengthy court battle with environmentalists who argued the agency had missed a self-imposed deadline to develop final rules this year. Petroleum industry officials say they have not yet taken a position on such a rule, but raise concerns that it could be more difficult to control vehicle emissions...

DECISION TO LOWER PM BENEFITS IN CAIR MAY AFFECT FUTURE AIR RULES

The Bush administration's decision to include a controversial analysis reducing the estimated benefits for controlling particulate matter (PM) in the agency's transport rule could prompt weaker requirements in future air regulations to limit PM -- including technology standards, mobile sources controls and other measures -- because they weaken agency arguments about the cost-effectiveness of these measures, EPA sources say. The analysis lowers EPA's current estimate for reducing PM emissions in the Clean Air Interstate Rule (CAIR) by as much as...

EPA INTERSTATE AIR RULE ADDS TO FEAR IGCC WILL BE LONE CLEAN COAL OPTION

Key utility industry sources are warning that the administration's pending plan to control interstate emissions is just another example of how the government seems to favor integrated gasification combined cycle (IGCC) above all other clean coal technologies, a policy position many coal-fired power plant engineers argue is too restrictive. This criticism comes on the heels of a recent announcement that American Electric Power (AEP) plans to build the largest IGCC plant ever before the end of the decade. It also...

EPA GRANTS DETROIT'S 'BUMP-DOWN' REQUEST OVER ACTIVISTS' OBJECTIONS

EPA has granted a state request to ease ozone requirements for Detroit, MI, over environmentalists' objections that the request lacked any legal basis and that granting it would set a dangerous precedent for EPA's air program. The state used a novel method to assess air pollution levels by using rounding arithmetic to adjust a calculation of average ozone conditions. The decision also has political implications because Michigan is a battleground state in the presidential race, and Michigan's economic woes are...

INDUSTRY EYES POSSIBLE FIXES TO EPA IMPLEMENTATION OF NEW OZONE RULE

Industry officials are preparing to ask EPA to make a series of fixes that would likely ease requirements for complying with the agency's strict new ozone standard, according to an internal industry e-mail. A number of industry groups including the National Association of Manufacturers (NAM) is considering filing an administrative petition with EPA that will ask the agency to make the suggested changes to its rule implementing the agency's 8-hour ozone standard, according to an e-mail that NAM sent to...

GROUPS EYE FIRST-TIME DATA QUALITY LANGUAGE IN ENDANGERED SPECIES BILL

Conservative and environmental groups are closely watching a House bill that would amend the Endangered Species Act because it includes first-time language referencing the data quality act that would assure information disseminated by the government could be challenged in court, according to industry supporters of the language. Opponents of the data requirements, including environmental groups, say if the existing data quality law is incorporated into an organic, overriding environmental statute, it will also effectively limit federal agencies' ability to craft...

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