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.

USDA SEEKS TO EXPAND USE OF METHYL BROMIDE 'QUARANTINE EXEMPTION'

The Bush administration is proposing to expand the so-called "quarantine exemption" for the ozone-depleting pesticide methyl bromide to allow its use in domestic agriculture shipments under the Montreal Protocol. Until now, the exemption has only been used to allow the pesticide to be sprayed on international shipments of nursery plants and crops. The move comes as House Republicans and pesticide industry groups are pressing the administration to seek increased allowances for the pesticide under the protocol's "critical use exemption" ahead...

MISSOURI SUIT ON EPA AIR RULE MAY BOOST CALLS FOR STRICTER LEAD LEVELS

A new Missouri lawsuit seeking more stringent EPA clean air rules for lead smelters could provide environmental and public health advocates another opportunity to push for stricter federal health limits on children's exposure to lead, sources following the issue say. Missouri Attorney General Jay Nixon (D) earlier this month filed a citizen suit charging EPA with violating the Clean Air Act by failing to review its national ambient air quality standard for lead since 1990. Nixon is asking the U.S...

EPA INACTION PROMPTS INDUSTRY TO SEEK COURT ORDER ON LEAD REPORTING

Despite ongoing EPA efforts to review and possibly revise a controversial rule on reporting lead use and releases, a group representing small businesses is pushing a federal court for an immediate ruling to repeal the standard. The National Federation of Independent Business (NFIB) recently filed a motion for summary judgment in its three-year-old lawsuit against the reporting requirements after EPA officials said it would be at least another year before the agency might revise the standard. Relevant documents are available...

NEW YORK IMPLEMENTS EMERGENCY RULES TO REDUCE ACID RAIN POLLUTION

The New York Department of Environmental Conservation (DEC) last week announced emergency rules to require electric utilities to make significant reductions of nitrogen oxides (NOx) and sulfur dioxide (SO2), after an earlier version of the acid rain rule was overturned by the state supreme court on a technicality. Additionally, a federal appeals court rejected a separate state law that imposed restrictions on credit trading, finding the restrictions were unconstitutional. The acid rain rules will take effect Oct. 1 for NOx...

DOUBTS RAISED ON EPA PACT TO REVIEW BATON ROUGE RFG REQUIREMENTS

EPA has agreed to reconsider a request by Baton Rouge, LA, to waive a federal reformulated gasoline (RFG) requirement even though the Clean Air Act bars such waivers for "severe" ozone nonattainment areas. An EPA Region VI source says the agreement takes the agency into "uncharted territory. To my knowledge, no process exists" to consider waiving a program that is required by the statute. The source would not elaborate on the specifics of the review until the case is resolved...

EPA, NOAA SAY EARTH OBSERVATION SYSTEM WILL HAVE DRAMATIC EFFECT

EPA Administrator Mike Leavitt and National Oceanic & Atmospheric Administration (NOAA) Administrator Conrad Lautenbacher last week announced a 10-year plan to link the systems that monitor the Earth and the people that monitor such systems -- from satellites, to buoys, to radar, to air and water monitors. These efforts are expected to result in an unprecedented ability to forecast climate, weather and atmospheric events, administration officials say. However, Leavitt cautioned that improving human communications as part of the effort will...

STATES PRESS EPA TO REJECT PAINT INDUSTRY ATTACK ON OZONE PLANS

Eastern states are pressing EPA to reject a paint industry data quality challenge that alleges EPA should not approve several state ozone reduction plans, claiming the Information Quality Act (IQA) does not apply to the challenged information and that industry's effort threatens existing regulatory review procedures. The dispute addresses the degree to which information supporting state regulations subject to EPA approval are also subject to the IQA. In an Aug. 18 letter to agency and White House officials, the Ozone...

CALIFORNIA OFFICIALS EYE BILL TO SET MEXICAN TRUCK STANDARDS

Lawmakers and stakeholders pushing legislation to require Mexican trucks entering California to carry documents proving their engines meet EPA emission standards say they plan to insert the language into a new bill soon, according to sources following the effort. Democrats behind the legislation add they plan to press Gov. Arnold Schwarzenegger (R) to support the requirement and do everything he can to prevent significant pollution increases that would be caused by the entry of thousands of Mexican trucks into the...

EPA TO SEEK ADVICE ON AIR RULES' INADEQUATE MONITORING REQUIREMENTS

EPA is poised to seek comment on air rules that may contain inadequate requirements for emissions monitoring, possibly leading to future rules that tighten these requirements. But environmentalists are skeptical about whether the public outreach will bring any tangible results, and are pushing the agency to instead require all air permits to contain stringent monitoring provisions. EPA sent an advanced notice of proposed rulemaking to the White House Office of Management & Budget (OMB) Aug. 11, and an EPA official...

RESPONSIBLE INVESTMENT GROUP RELEASES GUIDE TO CLIMATE RISKS

The responsible investor group CERES is out with a first-of-its-kind guide for investors who want to reduce their climate risks, and institutional investors such as state treasurers are praising the report. A CERES source says the group decided to produce the guide following an investors' summit last fall on climate risks. Also following the summit, groups asked the Securities & Exchange Commission (SEC) to require mandatory climate change risk disclosure, a move the SEC is considering, according to sources familiar...

BUSH HOLDS TO ENERGY BILL AMID RISING PRICES, POLITICAL PRESSURES

Despite growing concerns over the effects soaring crude oil prices are having on economic growth, President Bush is remaining steadfast in his calls that Congress should approve his national energy plan, a move that is an apparent political calculation that any public outcry will be directed at Democratic senators -- in particular presidential candidate John Kerry -- for failing to pass comprehensive energy legislation. Bush told reporters Aug. 23 that "the best thing" in dealing with energy prices would be...

Federal Agencies Pursue National Policy To Reduce Truck-Stop Idling

EPA is working with other government agencies to recommend new policies for reducing idling at truck stops in an effort to streamline what truckers now say is a confusing patchwork of regulations that differ from state to state. Idling reduction is pegged as a major environmental and energy issue, because idling trucks waste fuel and pump harmful emissions into the air. While the final result of these efforts is still unclear, agencies including EPA, the Department of Energy (DOE) and...

Pentagon Drafts First-Time Policy To Promote 'Green' Purchases

The Pentagon is developing a first-time policy to require the military to purchase environment-friendly products and equipment. The so-called "green" purchasing policy is intended to provide procurement officers with guidance on purchasing EPA-certified products that contain recycled materials, rely on alternative non-fossil fuels, or use chemicals that do not deplete the stratospheric ozone layer. The policy -- which focuses on implementing a workable procurement system rather than detailing the legal requirements for these purchases -- marks the first time a...

EPA To Seek Advice On Air Rules' Emissions Monitoring Provisions

EPA is poised to seek comment on air rules that may contain inadequate requirements for emissions monitoring, possibly leading to future rules that tighten these requirements. EPA sent an advanced notice of proposed rulemaking to the White House Office of Management and Budget (OMB) Aug. 11, and an EPA official says the proposal is likely to be published in the Federal Register in mid-September. The notice asks for public input on "potentially inadequate monitoring in Clean Air Act Applicable Requirements...

DEFENSE DEPARTMENT DEVELOPING NEW GREEN PROCUREMENT POLICY

The Defense Department is close to finalizing a new policy on so-called green procurement, reiterating the military's requirement under several laws and executive orders to buy a range of environmentally friendly products, and outlining a strategy for meeting those requirements along with metrics for measuring progress. The policy -- which focuses on implementing a system necessary to make green procurement work rather than detailing all the legal requirements -- marks the first time a federal agency has put forth this...

ERRORS DELAY PUBLICATION OF MAJOR WATER, AIR TOXICS RULES BY MONTHS

Minor errors are causing lengthy delays in promulgating at least three court-ordered water pollution and air toxics rules , delaying industry compliance and impeding litigation. While EPA Administrator Mike Leavitt signed all three rules in February -- in time to meet the court-ordered deadlines -- a water rule for power plants was not published until Aug. 4, an air pollution rule for plywood manufacturers was not published until July 30, and an air pollution rule for boilers has yet to...

Missouri Suit On EPA Air Rule May Boost Calls For Stricter Lead Levels

Missouri's lawsuit seeking more stringent EPA clean air rules for lead smelters could provide environmental and public health advocates another opportunity to push for stricter federal health limits on children's exposure to lead, sources following the issue say. Missouri Attorney General Jay Nixon (D) earlier this week filed a citizen suit charging EPA with violating the Clean Air Act by failing to review its national ambient air quality standard for lead since 1990. Nixon is asking the U.S. District Court...

States Urge EPA To Reject Paint Industry's Data Quality Attack On Air Plans

Eastern states are pressing EPA to reject a paint industry data quality challenge that alleges EPA should not approve several state ozone reduction plans, claiming the Information Quality Act (IQA) does not apply to the challenged information and industry's effort threatens existing regulatory review procedures. The dispute is significant because it addresses the degree to which information supporting state regulations that are subject to EPA approval are subject to the IQA. In an Aug. 18 letter to agency and White...

LAWMAKERS EYE VEHICLE TO MOVE MEXICO TRUCK-EMISSION STANDARDS

Lawmakers and stakeholders pushing legislation to require trucks entering California from Mexico to carry documents proving their engines meet applicable U.S. EPA emission standards plan to insert the language into a new bill soon, according to sources. Democrats behind the legislation say they plan to press Gov. Arnold Schwarzenegger to support their efforts and do everything he can to prevent significant pollution increases caused by the entry of thousands of Mexico-based trucks into the state. An environmentalist involved in the...

STAKEHOLDERS PLAN PHASED LEGISLATION TO FUND AIR PROGRAMS

While stakeholders are still trying to craft a legislative measure this month to tweak and provide additional funds for various air board-administered emission reduction programs, more funding proposals for broader vehicle and stationary source emission reductions are expected in future years, sources said. More controversial fees to fund grant programs to reduce engine emissions -- such as extra charges for fuel bought or vehicle miles traveled -- will not be considered this year, according to a source. Earlier this year,...

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