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.

EPA APPROVES STATE OZONE PLAN DESPITE PAINT INDUSTRY DATA CHALLENGE

EPA regional officials have effectively rejected a novel industry data quality challenge to Pennsylvania's ozone reduction plan despite the intervention of a key senator and EPA's air chief -- and are poised to approve similarly disputed programs in Maryland and New York, state sources, environmentalists and EPA officials say. State sources say the decision could protect the information supporting state regulations that are subject to EPA approval from further challenges under under the Information Quality Act, which they consider a...

COAL INDUSTRY DOCUMENT REVEALS PLANS TO FIGHT AIR QUALITY INITIATIVES

An industry group that represents coal producers and suppliers has been carrying out an ambitious strategy for defeating or scaling back a host of ongoing congressional and state initiatives to limit greenhouse gases, mercury and other air pollutants, according to a recent internal letter obtained by Inside EPA . The letter, sent between governing officers of the Center for Energy and Economic Development (CEED), boasts about the group's ties with Republican officials and provides an unusual window into CEED's strategy...

GROUPS CITE 'UNREASONABLE DELAY' RULING TO SPEED EPA AIR TOXICS RULES

Environmentalists are citing a recent federal appeals court's unusually detailed ruling that defines when an agency's timetable for action is unreasonable to urge the court to make EPA promptly set new air toxics standards required by a 2000 court order for cement kilns. The environmentalists say the new ruling also provides them ammunition to speed EPA's compliance with several other court orders -- some handed down as recently as last summer -- on pending air toxics requirements for polyvinyl chloride...

ACTIVISTS REJECT EPA SUGGESTION TO LIMIT SCOPE OF LAWSUIT ON LEAD RULES

Environmentalists have rebuffed a suggestion by EPA to limit the geographic scope of a lawsuit seeking comprehensive review of national lead emissions standards to Missouri and several other states with metals smelters. Environmentalists say EPA needs to evaluate and strengthen safety standards for the toxic metal beyond those states directly affected by the smelters. EPA attorneys would not comment on any preliminary discussions related to limiting the scope of the air standards review to regional sources. But EPA scientists say...

EPA COST-EFFECTIVENESS STUDY ON PM LIMITS FINDS SUBSTANTIAL BENEFITS

A major new EPA study of the benefits of particulate matter (PM) controls suggests that costly air quality regulations -- like the Clean Air Interstate Rule and diesel rules -- have almost three times as many benefits as necessary to be considered cost-effective. The finding could give agency officials leeway to argue for strict regulatory requirements because they can justify the high costs the regulations may impose on regulated entities. "Air pollution regulations achieving ambient PM2.5 reduction for less than...

EPA Study On Particulate Matter Controls Finds Substantial Benefits

A major new EPA study of the benefits of particulate matter (PM) controls suggests that costly air quality regulations -- like the Clean Air Interstate Rule and diesel rules -- surpass by three times the threshold for being considered cost-effective. The finding could give agency officials leeway to argue for strict regulatory requirements because they can justify the high costs the regulations may impose on regulated entities. "Air pollution regulations achieving ambient PM2.5 reduction for less than $13 billion per...

EPA Likely To Exclude Health Benefits Of Mercury Rule From New Study

An EPA cost-benefit review of a rule regulating mercury emissions from utilities will likely exclude possible cardiovascular benefits associated with reducing exposure to the toxin and benefits from limiting mercury exposure from marine fish because the agency lacks adequate scientific data, EPA and other sources say. One EPA economist says the agency's cost-benefit review will only quantify the benefits of reducing IQ losses in children born to mothers who ingest mercury-contaminated freshwater fish. This is the "one area where we...

APPEALS COURT DECISION MAY DEVASTATE CLEAN AIR ACT CITIZEN SUITS

A recent ruling by the U.S. Court of Appeals for the 6th Circuit is likely to be devastating for citizen suits under the Clean Air Act, according to attorneys familiar with the case. One lawyer says if the decision stands, it is "the end" of air act citizen suits in the 6th Circuit. Another says the Oct. 26 ruling in Ellis et al. v. Gallatin Steel Company et al. will encourage industry to delay compliance as long as possible and...

RULING MAY BLOCK FUTURE CHALLENGES TO FEDERAL AIR PERMIT PROGRAMS

A federal appeals court has set what could be a decisive precedent blocking court challenges to state implementation of federal air permitting requirements, ruling that EPA decisions on whether to sanction states for inadequate program implementation are not subject to judicial review. Environmentalists are alarmed by the decision, saying it could pave the way for future legal arguments to prevent judicial review of other EPA actions. The decision in the U.S. Court of Appeals for the 6th Circuit affirms two...

REPORT MAY BOLSTER PUSH TO RESTRICT STATE USE OF PRIVATE LAWYERS

A U.S. Chamber of Commerce report could bolster efforts to pass new state laws that would increase scrutiny of the relationship between state attorneys general and private lawyers in filing lawsuits, including environmental cases. The industry group argues that state's use of private lawyers creates an inappropriate incentive to pursue unnecessary lawsuits, and legal experts say the study could prompt a renewal of efforts to restrict such arrangements. The critique calls for the wider adoption of state laws to require...

WESTERN AIR CHIEFS CONSIDER NEW MODELING RULES, CHANGES TO AIR ACT

Air officials from Western states may ask EPA to issue a series of rulemakings that would overhaul a controversial industrial permit process with a major impact on the region. The pending recommendations come in the heat of a controversy over how much industrial expansion should be allowed in fast-growing parts of the country near park and wilderness areas. In addition to regulatory proposals, the air officials could also recommend more far-reaching changes that would require amendments to the Clean Air...

EPA CONSIDERS FLEXIBLE PERMIT STRATEGY FOR AREA SOURCE TOXIC RULES

EPA is considering whether to relax federal permit requirements in a host of pending new air toxics standards for industrial categories with relatively low emission levels, classified under the air act's "area source" program, according to state officials engaged in discussions with the agency. The officials are working with EPA on approaches for developing 50 long-delayed area source toxics standards, amid concerns about excessive regulatory burdens on state agencies. While it is still unclear how EPA will finalize these standards,...

GROUPS CITE 'UNREASONABLE DELAY' RULING TO SPEED EPA AIR TOXICS RULES

Environmentalists are citing a recent federal appeals court's unusually detailed ruling defining when an agency's timetable for action is unreasonable to urge the court to take a particularly strong step to make EPA promptly set new air toxics standards for cement kilns required by a 2000 court order. The environmentalists say the new ruling also provides them ammunition to speed EPA's compliance with several other court orders -- some handed down as recently as last June -- on pending air...

EPA COST-EFFECTIVENESS STUDY ON PM CONTROLS FINDS HUGE BENEFITS

A major new EPA study of the benefits of particulate matter (PM) controls suggests that costly air quality regulations -- like the clean air interstate rule and diesel rules -- have almost three times as many benefits as necessary to be considered cost-effective. The finding could give agency officials leeway to argue for strict regulatory requirements because they can justify high costs the regulations may impose on regulated entities. "Air pollution regulations achieving ambient [fine particulate matter] PM2.5 reduction for...

EPA ISSUES GUIDANCE FOR CLEAN AIR CREDIT THROUGH VOLUNTARY EFFORTS

EPA has issued a guidance that allows states to win credit for reducing emissions in their clean air plans through use of innovative voluntary and emerging measures. Agency sources say the guidance could help promote and validate these efforts so they could eventually become standard components of state air pollution strategies. The guidance, Incorporating Emerging and Voluntary Measures in a State Implementation Plan [SIP] , is an overarching document that will help states implement source-specific guidance documents the agency has...

INDUSTRY DOCUMENT REVEALS STRATEGY TO OPPOSE CLEAN AIR INITIATIVES

An industry group that represents coal producers and suppliers has been carrying out an ambitious strategy for defeating or scaling back a host of ongoing congressional and state initiatives to limit greenhouse gases, mercury and other air pollutants, according to a recent internal letter obtained by Inside Washington Publishers. The letter, sent between governing officers of the Center for Energy & Economic Development (CEED), boasts about the group's ties with Republican officials and provides an unusual window into CEED's strategy...

ADMINISTRATION WEIGHS EXEMPTING MINNESOTA FROM AIR TRANSPORT RULE

High-level EPA and White House Office of Management & Budget (OMB) officials are considering a Minnesota power company's request -- supported by key members of the state's congressional delegation -- to exempt the state from regulation under the agency's pending interstate air pollution rule. The company, Minnesota Power, is arguing that a proposed threshold for tracking whether a state is sending pollution downwind is too low to be modeled effectively, that Minnesota is already complying with clean air standards and...

MERCURY EXPOSURE STUDY MAY GAUGE HEALTH OF POWER PLANT WORKERS

A pending study on human exposure to mercury could include unprecedented data on power plant employees who may face elevated risks in the workplace, sources involved with the research say. The upcoming study is part of activists' efforts to include groups from outside the environmental community, including labor unions, in a push for EPA to strengthen its rule requiring power plants to reduce mercury emissions. The University of North Carolina at Asheville recently unveiled preliminary results of a study commissioned...

NEW CLEAN COAL PLANT MAY EXPAND METHOD'S USE TO MORE COAL TYPES

A Southern power company's planned new advanced coal gasification power plant -- partially funded with over $200 million from the Department of Energy (DOE) -- will rely on technology that could make it less expensive to use what is known as low-ranked coal in energy-efficient gasification facilities, according to sources tracking the issue. Low-rank or low-heat value coals generate less energy per quantity of coal burned, and their emissions have typically been harder to reduce than emissions from burning other...

NEW YORK HIGH COURT UPHOLDS STATE'S EMERGENCY ACID RAIN RULES

The New York Supreme Court upheld emergency acid rain rules that require power plants in the state to install year-round nitrogen oxide (NOx) pollution controls, and reduce NOx and sulfur dioxide (SO2) emissions far beyond federal requirements. The court last month rejected an industry appeal of the emergency rules. With the temporary rules finally taking effect, New York will become the first state to require NOx emission reductions of 70 percent and SO2 reductions of 50 percent, creating the most...

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