EPA is
crafting a controversial rule that could set a first-time mandate for Clean Air
Act prevention of significant deterioration (PSD) permit applicants to model
their projected emission impacts on states' attainment of the agency's ozone
and fine particulate matter (PM2.5) standards, which sources say could prevent
some facilities from winning permits.1404 words
EPA and
environmentalists are pressing the Illinois EPA (IEPA) to require the
developers of a 630-megawatt coal gasification facility to install carbon
capture and sequestration (CCS) technology in the facility's air permit because
they fear that regulators' failure to require CCS would set a poor precedent
for other new coal plants.1424 words
EPA is
voluntarily moving to tighten its precedent-setting discharge permit for a
planned North Dakota oil shale refinery after activists sued claiming the
permit is too weak, but the agency continues to fight other activist demands
including conducting a new National Environmental Policy Act (NEPA) review of
the facility's air quality impacts.1218 words
Pennsylvania's
top environmental official is asking EPA to dismiss activists' petition that
claims the state is violating its own air quality plan for meeting agency air
standards by offering streamlined permits for hydraulic fracturing operations
in the state -- claims the state strongly rejects.493 words
The federal
appellate court decision to stay EPA's Cross-State Air Pollution Rule (CSAPR)
for power plants is resulting in significant legal and regulatory uncertainty
for states and industry, sources say, given that the rule's expected emissions
cuts are not available to comply with other requirements and some proposed
revisions are now in legal limbo.1855 words
Industry
groups are weighing a possible lawsuit challenging EPA's proposed tougher air
toxics rules for the feroalloy production sector, primarily because the rule is
based on a risk assessment of the ubiquitous metal manganese that industry
critics charge overestimates the metal's risks and led to an excessively
stringent proposal.1083 words
EPA appears
to be stalling its pending proposal to tighten pollution standards for gasoline
and vehicles, a delay that some sources attribute to possible concerns within
the agency about the political outcry the rule could cause if its critics in
industry and Congress succeed in framing it as one that will significantly
increase gas prices.1244 words
A bipartisan
group of senators is urging EPA to halt its pending proposal to tighten
pollution standards for gasoline and vehicles in part due to their concerns
that the rule will raise gas prices, escalating an emerging battle over the
costs of the rule that states and environmentalists say will provide widespread
benefits for minimal cost.1020 words
EPA and the
Department of Transportation (DOT) are extending the comment period on their
pending greenhouse gas (GHG) rules for model year 2017-2025 vehicles from Jan.
30 to Feb. 13, after the auto industry said it needs more time to analyze the
complex rulemaking.287 words
Environmentalists
and public health advocates are attacking the legal "fiction" of EPA citing an
ongoing review of its 2008 ozone national ambient air quality standard (NAAQS)
to defend the agency against a lawsuit activists filed challenging President
Obama's decision in September to force EPA to scrap a stricter ozone standard.1097 words
Industry
officials are warning that EPA is underestimating naturally occurring and
unpreventable background levels of ozone in its latest draft scientific
assessment, a concern that many critics fear could lead the agency to propose
tightening the ozone standard to a level that would not be achievable with a
higher estimate of background levels.849 words
A major
overhaul of the National Association of Clean Air Agencies (NACAA) appears
unlikely despite some states' criticisms of the group's approach for forming
policy positions on EPA rules, sources say, because many of NACAA's dozens of
member states support the current organization and might not back substantial
changes.904 words
Public health
activists and environmentalists are backing EPA's proposal to tighten the
agency's air toxics rules for mineral wool production and wool fiberglass
manufacturing, but are pushing EPA to set more stringent controls on toxic
emissions from the sector in order to reduce risks from the facilities'
hexavelent chromium (Cr6) emissions.710 words
The White
House Office of Management and Budget (OMB) is reviewing two EPA "residual
risk" rules targeting remaining air toxics risks from industrial facilities
years after the agency first issued air toxics rules for the affected sectors,
which include secondary aluminum production.233 words
EPA has won
an month-long extension -- from Jan. 13 to Feb. 13 -- for its legally binding
deadline to finalize a controversial rule cutting air toxics from polyvinyl
chloride (PVC) plants, drawing a cautious welcome from industry officials who
say EPA and the White House need more time to assess the "complicated"
regulation.640 words
Industry
sources say EPA's nascent effort to develop "uniform" air toxics standards
applicable to sources within several sectors could create significant
regulatory uncertainty, arguing that the approach adds another layer of
complexity to the agency's air rules for the refining, chemical and oil and gas
industries.583 words
Environmentalists
are pursuing a lawsuit aimed at forcing stricter emissions monitoring near the
most congested highways in the Los Angeles area, which one source says could be
the first such suit to challenge the adequacy of a local air district's
EPA-approved air monitoring networks.560 words
A federal
district court has vacated and remanded EPA's indefinite stay of its
controversial boiler and incinerator air rules after finding the agency failed
to adequately justify the delay -- a mixed ruling for activists as it means the
delayed rules are again in effect though EPA is slated to amend them in April
2012, well before they take effect as early as 2014.1679 words
States suing
EPA over its sulfur dioxide (SO2) air standard are reiterating their attacks on
the agency's decision to rely primarily on emissions modeling rather than
monitoring to determine compliance with the standard, saying it will overestimate
SO2 levels and force states to implement costly and unnecessary pollution
control measures.614 words
EPA is
proposing to issue a rule allowing diesel reciprocating internal combustion
engines (RICE) to operate for up to 60 hours during "emergency" situations
while being exempt from the agency's RICE air toxics rule, in order to settle a
lawsuit filed by energy groups challenging EPA's existing 15-hour limit on use
of the engines during emergencies such as blackouts.346 words
A North
Carolina permit review board Jan. 11 delayed ruling on a novel state water
permit that seeks to regulate ammonia air releases from a large poultry farm
and instead remanded the permit to an administrative law judge (ALJ) for an
evidentiary hearing to decide if the emissions constitute a "discharge" that
can be regulated in the permit.521 words
EPA is
appealing a 2010 federal district court ruling that found new owners of a power
plant were not liable for the alleged Clean Air Act new source review (NSR)
program violations by the prior owner, fighting a decision that observers agree
is a significant finding that could stymie the agency's ongoing NSR enforcement
efforts if upheld.701 words
Major
European airline Lufthansa is strongly pushing the viability for commercial
biofuel use in the aviation sector that could lead to substantial greenhouse
gas (GHG) emissions reductions, touting biofuel as a strategy for meeting new
European airline GHG rules, while activists seek EPA rules to curb aircraft GHG
emissions in the United States.901 words
EPA is
looking to expand its renewable fuel standard (RFS) to include several new
feedstocks for making jet fuels and heating oil, which one activist calls a
"moderately big deal" as it could encourage greater use of lower-carbon fuel
alternatives for the aircraft sector.635 words
Power company
GenOn is suing EPA over its precedent-setting decision granting New Jersey's
Clean Air Act petition asking the agency to directly impose emission controls
on a coal-fired power plant in Pennsylvania that EPA says is harming air
quality in the Garden State.417 words
Refrigerant
manufacturers may file a new lawsuit over EPA's proposed rule setting
production and consumption quotes for ozone-depleting hydrochlorofluorocarbons
(HCFCs), because the rule would preserve prior "interpollutant transfers" of
the quotas that could unfairly give a financial benefit to some HCFC producers
over others, sources say.1066 words
Industry is
urging EPA not to adopt as an industry standard a company's first-of-its-kind
plan to separate recyclable materials from municipal solid waste (MSW) in order
to qualify for use as a feedstock for biofuels in the agency's renewable fuel
standard (RFS), saying that different processes require flexibility in such
plans.463 words
As many as a
dozen natural gas, electric power and renewable energy trade associations have
quietly formed a major coalition to launch a dialogue on addressing concerns
about the potential adverse impact on grid reliability from the power sector's
shift from coal to gas, a move seen as driven in part by EPA's power sector
regulations.904 words
Biodiesel
producers are forming a new coalition to tout the use of biodiesel as a method
for coal-fired utilities to comply with EPA regulations for the power sector,
arguing that co-firing power plants with coal and biofuels can reduce emissions
while improving efficiency and reducing maintenance costs for coal-fired boiler
systems.630 words
EPA air chief
Gina McCarthy says the agency's just-released database of industrial greenhouse
gas (GHG) emissions should pressure polluters into reducing their GHGs, while
sources say the data could in the future serve as the basis for lawsuits over
violations of GHG permit limits.764 words
California's
top air official is denying she said there was a "vow of silence" among the
Obama administration, state officials and auto company representatives on the
development of vehicle greenhouse gas (GHG) rules, trying to fend off claims by
a House Republican that the rules were crafted in possibly illegal closed-door
negotiations.868 words
Industry
officials are warning that EPA's final rule setting stricter air toxics limits
for secondary lead smelters sets an "illegal" precedent by establishing limits
based on a facility's allowable rather than actual emissions, while also
criticizing the agency's decision to require continuous emission monitoring
systems (CEMS) in the rule.698 words
Industry
groups have filed lawsuits challenging EPA's final rule tightening its national
emissions standards for hazardous air pollutants (NESHAP) to cut air toxics
from primary lead smelting, while sources warn of another suit over a related
NESHAP for secondary lead smelters.339 words
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