17.2.09

EPA Administrator Jackson Orders Review of Key Clean Air Document

EPA today granted a petition for reconsideration of a Bush Administration memo regarding the scope of the Clean Air Act. The interpretive memo, put forward by then-EPA Administrator Stephen Johnson in December 2008, addresses when the Prevention of Significant Deterioration program applies to carbon dioxide, a chief greenhouse gas.

Concerns were soon raised about the memo’s potential impact on American communities and neighborhoods. The Sierra Club and other parties in early January petitioned EPA to reconsider the Johnson memorandum.

“I am granting this petition because we must learn more about how this memo affects all relevant stakeholders impacted by its provisions,” said EPA Administrator Lisa P. Jackson “This will be a fair, impartial and open process that will allow the American public and key stakeholders to review this memorandum and to comment on its potential effects on communities across the country. EPA’s fundamental mission is to protect human health and the environment and we intend to do just that.”

EPA will vigorously review the Johnson memo to ensure that it is consistent with the Obama Administration’s climate change strategy and interpretation of the Clean Air Act. While conducting this review, EPA will abide by the three core principles outlined by Administrator Jackson: overwhelming transparency, adherence to the rule of law, and science-based policies and regulations.

To facilitate a transparent, impartial and fair review, EPA will seek comment from the general public on this memo and its potential impact on American communities. This public comment period is consistent with the recommendations of the Environmental Appeals Board and allows for a measured, inclusive approach to reviewing this memo. The EAB last year held that EPA had not adequately articulated why its interpretation of the PSD program did not apply to carbon dioxide.

Today’s action is the latest in a series of steps intended to ensure EPA policies and procedures are consistent with EPA’s overall mission to protect human health and the environment.

The response letter to the Sierra Club: http://www.epa.gov/air/nsr/guidance.html

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17.10.08

EPA Finalizes Revisions to the 2005 Hazardous Waste Combustor NESHAP Rule

EPA is amending the National Emission Standards for Hazardous Air Pollutants rule for new and existing hazardous waste combustors. These standards implement the Clean Air Act by requiring hazardous waste combustors to meet emission standards reflecting the application of the maximum achievable control technology. The rule is the final action regarding the eight issues for which EPA granted reconsideration in September 2006. The revisions also address comments received in response to a September 2007 notice.

As a result of this reconsideration process, EPA is:
- Revising the new source particulate matter standards for cement kilns and incinerators that burn hazardous waste to better reflect the performance of the best controlled source over time. The change in the standards resulted from consideration of additional performance data;
- Amending the particulate matter detection system provisions and revisions to the health-based compliance alternative provisions for total chlorine;
- Identifying the emissions standards EPA intends to defend in pending litigation and is responding to public comments on a related Sept. 27, 2007 notice; and
- Making several corrections and clarifications to the rule.

The revised provisions are effective immediately and do not change the Oct. 14, 2008, compliance date established by the October 2005 final rule. The final rule should be published in the Federal Register in about two weeks.

More information is available at: http://www.epa.gov/osw/hazard/tsd/td/combust/finalmact/index.htm

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25.9.08

Republicans Boycott Senate Review of Bush Environmental Record

The Senate Environment and Public Works Committee held a hearing on September 24th to review the Bush administration's record on public health and environmental matters, but it was conducted in the absence of Ranking Member Senator James Inhofe of Oklahoma, a Republican and former chair of the committee.

Senator Inhofe was not ill or out of town, he boycotted the hearing, and he asked the two government witnesses scheduled to honor his objection. Neither one attended the hearing nor did any of the Republican committee members.

Inhofe's spokesman Marc Morano said this is the first time the senator has objected to an Environment and Public Works Committee hearing. "Senator Inhofe's actions were in response to the Majority's refusal to grant a single Minority requested hearing this entire 110th Congress, despite numerous requests," said Morano.

Sierra Club Executive Director Carl Pope told the committee, the administration's attempts to dismantle environmental protections have been thwarted by the checks and balances written into the U.S. Constitution.

"The good news is that little of the Bush administration's affirmative environmental agenda has survived the challenges our system of checks and balances makes possible - Congress, the Courts, the states, and direct intervention by the public has undone most of the legal damage which the Administration sought to do," Pope said.

"The entire edifice of administration policy on clean air lies shattered in judicial smithereens - and in its place a vigorous, state based air quality protection structure is being put in place in much, but sadly not all, of the country," said Pope.

To read the entire news report, go to: Environment News.

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2.9.08

Multi-State Lawsuit Filed Against EPA

Attorney General Richard Blumenthal announced on August 25th, a multi-state lawsuit against the U.S. Environmental Protection Agency (EPA) was filed for failing to regulate harmful pollution from oil refineries.

The lawsuit -- filed by a coalition of 12 states, the District of Columbia and the City of New York -- alleges that the EPA is in violation of the Clean Air Act for failing to adopt standards requiring that new or renovated oil refineries install technologies to control global warming pollution.

The Clean Air Act specifically requires the EPA to adopt standards, known as New Source Performance Standards (NSPS), for oil refineries -- as well as power plants and other major pollution sources -- if the EPA determines they emit air pollution that poses a danger to public health and welfare.

"Enhancing its distinction of environmental disregard, the Bush Administration has again ignored its responsibility by failing to adopt meaningful pollution controls for oil refineries," Blumenthal said. "The EPA has defied the Clean Air Act and the Supreme Court by repeatedly ignoring a ruling that global warming emissions are pollutants. EPA's failure to regulate greenhouse gases through state-of-the-art technologies is an abrogation of its responsibilities. Our coalition of states and cities will fight hard -- as we have repeatedly -- to force the EPA to follow the law."

Oil refineries account for over 3 percent of the total energy consumption in the United States. Due to their large energy consumption, oil refineries are major sources of carbon dioxide, accounting for almost 15 percent of the carbon dioxide emitted from industrial processes nationally. These refineries also emit large amounts of methane, an especially potent global warming pollutant.

Today's challenge was filed in the federal Court of Appeals for the District of Columbia Circuit. The coalition includes California, Connecticut, Delaware, Massachusetts, Maine, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, as well as the District of Columbia and the City of New York. The suit seeks to vacate the EPA's decision not to control oil refinery emissions of global warming pollution and to order the EPA to adopt proper NSPS.

See the Source:
State of Connecticut

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20.8.08

Court Rules for Clean Air

In Sierra Club vs. Environmental Protection Agency, the DC Circuit Court today struck down a Bush administration rule limiting states’ ability to enforce the Clean Air Act. The rule blocked states from issuing their own air monitoring requirements for soot, smog, mercury and other types of air pollution from power plants, factories and other stationary sources. As a result states were forced to abide by the lax federal standards, which required virtually no monitoring of dangerous air pollution.

In response the Sierra Club Executive Director Carl Pope issued the following statement.

"This is huge victory against one of the most egregious rollbacks of environmental protections in our nation’s history.

"As one of the first rollbacks of the Bush Administration, this rule helped set a pattern of limiting the application of environmental laws to benefit polluters and denying the public the right know about pollution in their communities.

"Public health should be a top priority, not polluters’ profits. Today’s decision will give states back the tools they need to hold polluters accountable and help ensure that everyone has clean, healthy air to breathe."

See the Source:
Sierra Club
Unite States Court of Appeals


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15.8.08

EPA Seeks Applications for Clean Air Excellence Awards

EPA and the Clean Air Act Advisory Committee (CAAAC) are accepting applications for the Ninth Annual Clean Air Excellence Awards Program.

Winners are honored for outstanding accomplishments in programs, projects or technologies that reduce air pollution emissions. Applicants are judged in five awards categories: (1) clean air technology; (2) community development/redevelopment; (3) education/outreach (4) regulatory/policy innovations; and (5) transportation efficiency innovations.

In addition, winners will be recognized in two special award categories. The Gregg Cooke Visionary Program Award is given to the air quality project or program that successfully blends two or more of the five existing awards categories. The Thomas W. Zosel Outstanding Individual Achievement Award recognizes one individual for his or her outstanding achievement, leadership, and commitment to promote clean air and achieve better air quality.

All applications for the awards should be postmarked on or before September 19, 2008. The awards will be announced in spring 2009.

The CAAAC is an independent policy committee that provides advice to EPA on air issues.
Information on applying for the awards: http://www.epa.gov/air/caaac/clean_award.html

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13.3.08

EPA Strengthens Smog Standards to Better Protect Public Health and the Environment

Announcement by the EPA: 03-12-08
EPA today met its requirements of the Clean Air Act by signing the most stringent 8-hour standard ever for ozone, revising the standards for the first time in more than a decade. The agency based the changes on the most recent scientific evidence about the effects of ozone, the primary component of smog.

“America’s air is cleaner today than it was a generation ago. By meeting the requirement of the Clean Air Act and strengthening the national standard for ozone, EPA is keeping our clean air progress moving forward,” said EPA Administrator Stephen L. Johnson.

The new primary 8-hour standard is 0.075 parts per million (ppm) and the new secondary standard is set at a form and level identical to the primary standard. The previous primary and secondary standards were identical 8-hour standards, set at 0.08 ppm. Because ozone is measured out to three decimal places, the standard effectively became 0.084 ppm: areas with ozone levels as high as 0.084 ppm were considered as meeting the 0.08 ppm standard, because of rounding.

In announcing the new ozone standard Administrator Johnson also announced that he will be sending Congress four principles to guide legislative changes to the Clean Air Act.

“The Clean Air Act is not a relic to be displayed in the Smithsonian, but a living document that must be modernized to continue realizing results. So while the standards I signed today may be strict, we have a responsibility to overhaul and enhance the Clean Air Act to ensure it translates from paper promises into cleaner air,” Johnson concluded.

The four principles outlined by the administrator recommend that the Clean Air Act and the National Ambient Air Quality Standards (NAAQS); 1) must protect the public health and improve the overall well-being of our citizens; 2) should allow decision-makers to consider benefits, costs, risk tradeoffs, and feasibility in making decisions about how to clean the air; 3) should provide greater accountability and effective enforcement to ensure not only paper requirements but also air quality requirements are met, especially in areas with the furthest to go in meeting our standards; 4) should allow the schedule for addressing NAAQS standards to be driven by the available science and the prioritization of health and environmental concerns, taking into account the multi-pollutant nature of air pollution. While the administrator stated that these changes are needed to modernize the Clean Air Act, the nation will still benefit from the new standard.

The United States has made significant progress reducing ground-level ozone across the country. Since 1980, ozone levels have dropped 21 percent as EPA, states and local governments have worked together to improve the quality of the nation’s air. EPA expects improvement to continue, as a result of landmark regulations such as the Clean Air Interstate Rule, to reduce emissions from power plants in the East, and the Clean Diesel Program, to reduce emissions from highway, nonroad and stationary diesel engines nationwide.

Ozone can harm people’s lungs, and EPA is particularly concerned about individuals with asthma or other lung diseases, as well as those who spend a lot of time outside, such as children. Ozone exposure can aggravate asthma, resulting in increased medication use and emergency room visits, and it can increase susceptibility to respiratory infections.

Ground-level ozone is not emitted directly into the air, but forms when emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) “cook” in the sun. Power plants, motor vehicle exhaust, industrial facilities, gasoline vapors and chemical solvents are the major human-made sources of these emissions. EPA estimates that the final standards will yield health benefits valued between $2 billion and $19 billion.

Those benefits include preventing cases of bronchitis, aggravated asthma, hospital and emergency room visits, nonfatal heart attacks and premature death, among others. EPA’s Regulatory Impact analysis shows that benefits are likely greater than the cost of implementing the standards. Cost estimates range from $7.6 billion to $8.5 billion. EPA selected the levels for the final standards after reviewing more than 1,700 peer-reviewed scientific studies about the effects of ozone on public health and welfare, and after considering advice from the agency’s external scientific advisors and staff, along with public comment. EPA held five public hearings and received nearly 90,000 written comments.

As part of today’s action, EPA also has updated the Air Quality Index (AQI) for ozone to reflect the change in the health standard. The AQI is EPA’s color-coded tool for communicating daily air quality to the public.

See the Source:

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20.12.07

EPA Rejects CA Vehicle Emissions Request

On Wednesday, the U.S. Environmental Protection Agency denied 17 states, including California, the right to set their own standards for greenhouse gas emissions from cars and light trucks. The decision was handed down after almost 2 years of delay by the EPA.

The original law passed by California in 2003, required a Clean Air Act waiver from the EPA, which was filed in 2005. When no action was taken, CA was joined by 16 other states in a case that went to the Supreme Court, attempting to force the EPA to regulate GHG . Last spring the Supreme Court handed down a landmark decision stating that the EPA has the right and responsibility to regulate greenhouse gas. When the EPA made no public decision concerning the state law, California again took the agency to court in November for failure to act. With Wednesday's decision to deny states the right to control their own tailpipe emissions, CA will once again take the EPA to court.

Under the Clean Air Act, California is allowed to pass it's own emissions control regulations. During the past 30 years, California has been granted 40 waivers. Wednesday's decision was the first waiver to be denied.

See the Source:
The Daily Green
Enviro.BLR.com
The New York Times



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17.12.07

Rule Clarification for EPA's New Source Review Program for Industrial Facilities


EPA has issued a final rule to clarify when industrial facilities making changes to equipment or processes may need to retain records documenting their emissions even if the changes do not trigger Clean Air Act New Source Review (NSR) permitting requirements.

The rule clarifies when facilities must keep records and report emissions when a "reasonable possibility" test shows that projected emissions increases could equal or exceed 50 percent of the Clean Air Act's NSR significant levels for any pollutant. This rule does not change permitting requirements.

The "reasonable possibility" test examines the difference between a project's baseline emissions and the sum of emissions projected to result from the project and emissions attributable to independent factors such as growth in market demand.

NSR significant levels are pollutant-specific emission rates (in tons per year) that are used to determine when a project is subject to NSR permitting requirements. Today's rule will help EPA and state and tribal permitting authorities track projects, using information on emissions that could exceed significant levels.


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30.8.07

Flexible Air Permits Proposed by EPA to Prevent Pollution and Paperwork

The Environmental Protection Agency (EPA) is proposing changes to air quality permitting rules to encourage pollution prevention; provide increased flexibility, enable industrial facilities to make rapid changes to respond to market demands; save resources for state permitting authorities, and improve public information.

The proposed changes would affect both EPA's operating permits and New Source Review (NSR) programs. Under the proposed changes to the operating permits program, a facility with a flexible permit would explain its operational plans and possible changes to those plans for the duration of the permit term – typically 5 years. The state, local or tribal air quality permitting authority would include permit conditions to ensure protection of public health and the environment for all of those operating conditions. These flexible permits do not provide approval for operational changes not within the scope of conditions considered at the time of the permit application, and facilities would still be required to meet their requirements under the Clean Air Act.

EPA and states have been testing many of the flexible permitting approaches for more than a decade. Based on the agency's evaluation of pilot projects, EPA expects that these proposed changes will promote significant environmental and economic benefits, while reducing administrative workload for both permitting authorities and facilities.

More about the proposal: http://epa.gov/nsr/actions.html#aug07

See the Source:
Information about EPA's New Source Review program

Find out:
Reduce NOx emissions at facilities with an SCR system for selective catalytic reduction. See video.


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11.6.07

Court Shoots Down EPA: Weak Agency Smog Rule Violates Clean Air Act

A panel of federal judges denied appeals by the U.S. Environmental Protection Agency and industry to overturn the same court's December, 2006 ruling that struck down the agency's rule attempting to weaken protections against harmful smog-forming pollution.

Ozone is associated with asthma attacks, coughing, wheezing, and other respiratory illness. Higher smog levels in a region are frequently accompanied by increased hospitalization and emergency room visits for respiratory disorders. Hundreds of counties across the country currently have unhealthful levels of smog, which limits outdoor activities, increases hospitalizations, and puts millions of Americans at risk for respiratory problems.

Today's decision reaffirms that EPA violated the Clean Air Act by relaxing limits on ozone, or smog pollution, from large power plants, factories and other industrial sources.

The U.S. Court of Appeals for the District of Columbia denied the EPA and industry petitions for rehearing, and actually clarified in even stronger terms that weakening air protections is illegal under federal law. The court characterized the industry's desired readings of the law as a "glaring loophole" that nothing suggests Congress intended.

Significantly, recognizing the harm from EPA's delay, laxity and lawlessness, the court also "urged" EPA to "act promptly in promulgating a revised rule that effectuates the statutory mandate by implementing the eight-hour [ozone] standard, which was deemed necessary to protect the public health a decade ago."

"Today's decision reaffirms that EPA must follow the Clean Air Act and limit this harmful pollution," said Earthjustice attorney David Baron. "Health experts agree that we need stronger protections, not weaker limits on smog pollution."

EPA and industry groups had tried to overturn the decision by seeking rehearing in March. The environmental and public health groups, along with the states, argued that EPA's original rule and requested appeal made no sense, because the agency's unlawfully weak ozone rule came after EPA had found that the previous ozone standard was too weak to protect public health.

"Hundreds of counties across the country currently have dangerous levels of ozone smog. We've already seen high levels this spring," said Janice Nolen, Assistant Vice President of the American Lung Association. "Ozone triggers asthma attacks, sends children to hospitals and emergency rooms, and even increases the risk of early death. Today's court decision puts us closer to having air that does not make people sick."

"EPA should heed the court's pointed warning to act promptly to adopt protective rules that will deliver long overdue clean air to the American people," said NRDC attorney John Walke. "EPA foot-dragging and law-breaking have a daily toll on people forced to breathe smog levels that doctors and scientists tell us is widely unhealthy."

The 1990 Clean Air Act required stronger anti-smog measures in cities violating ozone standards, including limits on pollution from new and expanded factories, requirements for annual cuts in smog-forming emissions, and caps on truck and car exhaust. In 1997, EPA found that the then-existing "1-hour" ozone health standard wasn't strong enough to protect health, and adopted a new "8-hour" standard to provide greater protection. Paradoxically, the agency in 2004 adopted rules that weakened pollution control requirements for areas violating both the old and the new standard. That decision triggered the court challenge leading to that rule being struck down in December, 2006, and the EPA-industry appeals being rebuffed today.

"EPA has a responsibility to protect our health and our environment from unhealthy, polluted air," said Marti Sinclair, chairperson for Sierra Club's Air Quality Committee. "Millions of Americans breathe air with unsafe ozone levels, and they deserve stronger, not weaker protection under the law."

See the Source:
Earthjustice

Find out:
How to reduce NOx, a major contributor to smog, from power plants and lean burn engines using selective catalytic reduction.

 Clean Air Act

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10.5.07

EPA Awards Clean Air Excellence Awards

Thirteen businesses, organizations and individuals were chosen from 75 applicants from around the country, to receive the EPA's 7th Annual Clean Air Excellence Awards present on Wednesday for outstanding accomplishments in reducing air emissions.

"Congratulations to the winners of the 7th annual Clean Air Excellence Awards. One should never underestimate the power of American innovation," said William L. Wehrum, acting assistant administrator for Air and Radiation. "These original ideas and cutting-edge projects embody our nation's unwavering commitment to cleaner, healthier air."

The Clean Air Excellence Awards program recognizes and honors outstanding, innovative efforts in achieving cleaner air. Awards are given in five categories: clean air technology, community action, education/outreach, regulatory/policy innovations and transportation efficiency innovations. Two additional special awards are presented for visionary programs and individual achievement.

Established in 2000 at the recommendation of the Clean Air Act Advisory Committee, a senior-level policy committee that advises EPA on implementing the Clean Air Act.

Clean Air Technology
Eli Lilly Co. (Lafayette, Ind.) - Development of the Xact™ Multi-Metal CEMS
Environmental Safety Solutions, LLC (New York, N.Y.) - Enviroboot
Leak Surveys Inc. (Early, Texas) - The "HAWK" Leak Detection System
Railpower Hybrid Corp. (Erie, Pa.) - Railpower Switching Locomotives: Ultra Clean Power

Community Action
Cherokee Nation Environmental Programs (Tahlequah, Okla.) - Cherokee Nation Clean Air
Program
Louisville Metro Air Pollution Control District (Louisville, Ky.) - Strategic Toxic Air Reduction(STAR) Program

Education/Outreach
City of Lawton & Evergreen Productions Inc. (Lawton, Okla.) - Carpool Crazy
Mothers for Clean Air (Houston, Texas) - Ozone Theater: Setting the Stage for Air Pollution Education

Regulatory/Policy Innovations
Environmental Services (Minneapolis, Minn.) - City of Minneapolis Sustainability Initiative
New Jersey Meadowlands Commission (Lyndhurst, N.J.) - Emissions Reductions, Green Building & Renewable Energy

Transportation Efficiency Innovations
Lane Regional Air Protection Agency (Springfield, Ore.) - Everybody Wins

Gregg Cooke Visionary Program Award
3M (St. Paul, Minn.) - 3M's Sustainability Program Reduces Air Emissions Worldwide

Thomas W. Zosel Outstanding Individual Achievement Award
Ron Harris, Former County Judge (Collin County, Texas)

See the Source:
For complete information on this year's recipients of the Clean Air Excellence Awards



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20.4.07

In Search of Smog Stories

In the battle to require more stringent regulations on vehicle emissions, The South Coast Air Quality Management District (SCAQMD) is fighting back with smog stories solicited from the public. The “Clean Air Voices in the Community” program is asking the public to submit personal stories, photographs and videos on how smog affects their lives. The stories will be posted on the SCAQMD website at www.aqmd.gov, as well as distributed in newsletters and PSAs.

The goal of the program is to raise awareness of the situation and bring a sense of urgency that the state and federal government, along with the ports of Los Angeles and Long Beach need to take aggressive action against emissions from trucks, ships and cars. The main issue is particulate pollution, which is known to cause serious health problems and premature death.

To submit stories and other material, email yourstory@aqmd.gov.

See the Source:
DailyBreeze.com

Find out:
How to reduce particulate emissions by using diesel particulate filters

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2.4.07

Court Kicks Congress to Cap Carbon

In a landmark ruling, The Supreme Court has stated that carbon dioxide and other green house gases are classified as a pollutant under the Clean Air Act and the EPA already has regulatory authority. The ruling puts pressure on Congress to place a cap on carbon emissions in order to reduce CO2 by 80 percent from current levels by 2050.

According to Environmental Defense, one of the suit’s petitioners, the suit addressed three key questions:

- Do the states, cities, island territory, and health and environmental organizations have "standing" to challenge EPA's decision not to regulate global warming pollution from motor vehicle tailpipes?
- Does EPA have the authority to regulate global warming pollution under the Clean Air Act?
- And if EPA does have that authority, does it have the right to refuse to regulate such emissions based on political or other considerations unrelated to the endangerment to human health and welfare?

The following statement is from Earthjustice attorney Howard Fox, on behalf of the Sierra Club, another petitioner in the suit:

"Today is a great day for the environment. In one of the most important environmental cases of its history, the Supreme Court has reaffirmed what we have been saying all along: The Clean Air Act gives EPA authority to fight global warming. The EPA must act immediately and issue regulations that limit greenhouse gases from motor vehicles that contribute to global warming.

"While this case has worked its way through EPA and the courts, scientific evidence of global warming has continued to mount -- so much so that the scientific debate is over. Our climate is warming, and pollution from human activities is a major cause. Harms include rising seas that submerge coastal lands, stronger hurricanes, more drought, melting ice caps and degraded ecosystems.

"To combat this most urgent environmental crisis, strong and comprehensive U.S. action is crucial. EPA must use its existing Clean Air Act authority to require control of greenhouse gas emissions -- by motor vehicles (the subject of this case) as well as by other sources like power plants. The Act has successfully cut emissions of many pollutants, and it can do the same for greenhouse gases.

"Congress should both hold EPA's feet to the fire and enact a national emissions cap that requires steep reductions in greenhouse gas emissions, and must also significantly tighten fuel economy standards for motor vehicles. Scientists have determined that to avoid the worst impacts of global warming we must cut greenhouse gas emissions by 80% by 2050."

The EPA had previously argued that it did not have the power to regulate GHG emissions under the Clean Air Act. The Court disagreed and overruled this position by a 5 to 4 margin.

See the Source:
Earthjustice
Environemental Defense

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28.3.07

EPA Seeks Data Review to Assess Remaining Air Toxics Risks from 22 Industry Sectors

Washington, D.C. - March 26, 2007 -- EPA is soliciting public comment on data the agency intends to use in analyzing risks from air toxics emitted from 22 industrial sectors. EPA will use the data to conduct risk analyses to determine if additional standards are needed to address remaining risks from the 22 sectors. In addition, EPA will perform a technology review for each sector.

The agency seeks comment on toxic air pollutant emissions estimates and other information. The data will help EPA scientists estimate airborne pollutant concentrations. Following review of comments received, EPA plans to update the data, as appropriate, and estimate remaining risks.

These analyses are required by the Clean Air Act as part of the process to assess the risks remaining after these industrial sectors have complied with earlier technology based emission standards.

Today’s action announces EPA’s approach and requests public comments. EPA will accept comments for 60 days following publication of the notice in the Federal Register.

See the Source:
EPA

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23.3.07

Clean Air Advocates Demand that EPA Withdraw Bogus Clean Air Finding in San Joaquin Valley

Determination based on illegally ignored data

San Francisco – March 22, 2007 -- Clean air advocates in the San Joaquin Valley of California are taking action to reverse a finding that the region cleared the air of dangerous particulate matter pollution. Advocates say the Environmental Protection Agency reached its finding by sweeping key data under the rug.

On October 30, 2006, EPA declared that the San Joaquin Valley had attained the national air quality standards for particulate matter pollution (PM-10), i.e., tiny particles of dust, soot, and chemicals that can obscure visibility and be inhaled deep in the lungs. PM-10 is a known killer that can cause lung and heart ailments. In a region where this type of pollution kills more that 1800 residents a year (http://www.arb.ca.gov/research/aaqs/std-rs/std-rs.htm) clean air advocates question EPA's decision to end requirements that the local air district keep working to eliminate this threat.

The groups have now presented EPA with data that contradicts the regional air district's and EPA's claims of victory over particulate pollution.

"It's astounding the lengths to which our public health agencies are going to protect this bad decision," says Kevin Hamilton of Medical Advocates for Healthy Air. "EPA said they'd withdraw it if there were more violations -- we're just asking them to keep their word. They need to stand up and protect the public health in our Valley."

To be declared in attainment with the public health standards, the Valley is required to go three years without violating the pollution limit more than once a year. Last fall, southern portions of the Valley violated the limit more than two dozen times -- more than twice as many as in any other year for the past 14 years.

Clean air advocates assert that EPA ignored dirty data from numerous days at numerous air monitors last fall when it made its attainment finding in October. EPA is trying to blame the area's bad air quality on winds in the Sacramento Valley but has provided no reliable evidence to support that claim. In fact, former National Weather Service forecaster and expert forensic meteorologist Jan Null says that the days in question were "complete non-events" and "were not windy by any stretch of the imagination."

Advocates believe the premature clean air declaration was intended to avoid a court-ordered deadline in which EPA was required to impose a federal clean air plan on the San Joaquin Valley Air Pollution Control District by October 18, 2006. By determining that the air was clean, EPA avoided this work burden. Advocates say EPA's finding sends the wrong message to regulated industries and Valley citizens whose health remains imperiled by unacceptable levels of PM-10.

"EPA is contorting its own policies to avoid doing its job," said Sarah Jackson, air specialist with Earthjustice. "There are no more 'get out of jail free' cards for an agency with more than three decades of missed deadlines and botched plans. The residents of the San Joaquin Valley deserve real progress, not agency politics."

In a formal "petition for withdrawal" submitted today, air advocates claimed:
In spite of EPA's regulatory acrobatics, the fact is that the Valley was not in attainment as of the date of the Finding, and it is not in attainment today. Since EPA published its proposed Attainment Finding, Valley monitoring sites using methodology subject to all quality assurance and quality control requirements, have recorded 26 PM-10 exceedance days.

Earthjustice represents Latino Issues Forum, Medical Advocates for Health Air, and three valley Sierra Club chapters in this action. In addition to a full withdrawal of the attainment finding, they are asking EPA to reinstate the contingency measures and other Clean Air Act requirements it suspended when it made that erroneous finding.

See the Source:
Earthjustice – Petition for Withdrawal

Find out:
The health impact of exposure to diesel particulate matter

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15.3.07

Refiner to Pay $2.2 Million for Environmental Violations

Washington, D.C. -- March 14, 2007-- Williams Refining Co., the former owner and operator of a Memphis, Tenn., petroleum refinery, has agreed to pay $2.2 million in civil penalties to resolve allegations that the company violated the Clean Air Act (CAA), the Justice Department and the Environmental Protection Agency announced.

EPA is committed to ensuring that all people breathe healthier, cleaner air," said Granta Nakayama, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. "This case shows that when a company violates the law by failing to control leaks of hazardous pollutants, EPA vigorously enforces the law."

The settlement agreement resolves several allegations including failure to comply with regulations intended to prevent benzene emissions, a chemical that Congress has labeled a hazardous air pollutant under the CAA.

Williams Refining has also agreed to resolve all allegations that it failed to comply with CAA standards regarding leak detection and repair regulations on equipment in its refinery. The agreement also resolves assertions that it failed to properly store hazardous waste as required under the Resource Conservation and Recovery Act and one violation under the Clean Water Act for an oil pipeline rupture.

Refineries are not exempt from environmental rules and regulations," said Matt McKeown, acting assistant attorney general for the Justice Department's Environmental and Natural Resources Division. "The Justice Department is pleased to settle these allegations and will continue to investigate and prosecute those who fail to comply with environmental laws."

EPA initiated an investigation into the refinery after the company reported less than 10 megagrams of benzene emissions, an assertion that drew suspicion based on the size of the refinery. The CAA requires refineries that discharge more than 10 megagrams per year to manage their wastewater in compliance with the Benzene National Emissions Standard for Hazardous Air Pollutants.

In addition, the CAA requires refineries to monitor valves and pumps for leaks, and to repair any leaks discovered. Further violations were discovered during an inspection on Nov. 5 and 6, 2002 and as the result of a pipeline rupture which occurred on Feb. 3, 2002.

The complaint and the settlement were filed in the Middle District of Tennessee.

A portion of the penalty will be paid to the Oil Spill Liability Trust Fund for violations of the Clean Water Act.

Williams owned and operated the petroleum refinery located in Memphis, Tenn., from the mid-1980s until March 2003. The refinery was purchased by Premcor Refining Group Inc. in 2003 and merged with Valero Energy Company in 2005.

See the Source:
Williams Refining Clean Air Act settlement
EPA – Environmental Violations

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6.3.07

Florida School District to Receive Nation's First Plug-In Hybrid School Buses

On Friday, March 9th the Nation’s first plug-in hybrid school buses will be delivered to the Braden River High School in Bradenton Florida. The buses were developed by IC Corporation, the nation’s largest school bus manufacturer.

With up to 40% more fuel efficiency, the nation's first hybrid school bus launch is the first step in helping schools manage high fuel prices and transportation costs. The hybrid school bus also reduces diesel engine emissions by up to 90% for cleaner air. Manatee School District is taking delivery of the first units. Ten other states will receive hybrid school buses later this year.

See the Source:
IC Corporation

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1.3.07

States, Enviros Sue EPA Over Cement Factory Emissions

ALBANY, New York – February 21, 2007 -- New York Attorney General Andrew Cuomo today announced a multi-state legal challenge to the U.S. Environmental Protection Agency, EPA, for adopting a rule that refuses to regulate mercury and other pollutants from existing portland cement plants.

The states seek to have a federal court overturn the rule by finding that it violates the Clean Air Act.

A petition, signed by nine states, was filed today in the U.S. Court of Appeals for the District of Columbia Circuit. The states joining New York in the petition are Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, and Pennsylvania.

Portland cement is the primary cement used in building projects and road construction. It is produced throughout the United States. Collectively, these cement plants are a major source of mercury emissions nationwide.

The federal Clean Air Act requires the EPA to set standards for various hazardous air pollutants, including mercury, based on the performance of the cleanest 12 percent of existing plants.

The EPA’s rule would exempt existing portland cement plants from having to do anything to lower their emissions of mercury and other hazardous air pollutants.

The Environmental Protection Agency’s (EPA) refusal to set emission standards for portland cement plants leaves a significant source of mercury pollution in the United States unregulated.

Mercury in the environment is blamed for neurological disorders, learning disabilities, and, in certain high dosage cases, even death. Recent studies suggest that mercury exposure may also contribute to adult cardiovascular problems. In addition, mercury contamination in many water bodies has led to the issuance of fish consumption advisories across New York State.

This will be the second time that the EPA has been challenged over its failure to set mercury pollution standards for the portland cement industry. In 2000, the U.S. Court of Appeals for the District of Columbia Circuit directed the EPA to set mercury standards. The EPA has since ignored the court’s ruling.

'It is shameful that the Bush Administration’s EPA continues to abdicate its responsibility to protect public health and the environment. This coalition of states is resorting to the federal courts in an effort to compel the EPA to follow the law and establish limits for the most dangerous pollutants,' said Cuomo.

'This is just another instance in a long line of examples of the Bush Administration caving to industry lobbyists at the expense of the health concerns of ordinary citizens.'

On Friday in the same court, environmentalists brought their own lawsuit against the EPA for its latest refusal to limit cement kilns' mercury emissions.

Earthjustice is representing Sierra Club, the Texas group Downwinders At Risk, the Huron Environmental Activist League from Michigan, Friends of Hudson from New York, California's Desert Citizens Against Pollution, and Montanans Against Toxic Burning in the lawsuit.

'Once again the EPA has failed to put public health first,' said Carl Pope, Sierra Club executive director. 'The agency ignored the law. They have ignored the courts and they have ignored public health for too long.'

The agency estimates that 118 cement kilns emit over 11,000 pounds of mercury each year, making cement kilns one of the largest sources of mercury pollution.

The nation's single largest mercury polluter of any kind is a cement kiln in southern California, which emitted over 2,500 pounds of mercury in 2004.

See the Source:
Environment News Service

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16.2.07

Los Angeles County Ports Issue RFP for Emissions-Reducing LNG Trucks

RFP Workshop Slated for February 20th at the Port of Los Angeles

SAN PEDRO, Calif.--(February 15)--The San Pedro Bay ports of Los Angeles and Long Beach -- the nation’s two leading containerports -- have issued a joint Request for Proposals (RFP) to seek qualified applicants for a new Liquefied Natural Gas (LNG) Truck Program. The effort is a component of the milestone San Pedro Bay Ports Clean Air Action Plan approved last November. An LNG-powered truck fleet could help the world’s fifth largest port complex reduce particulate matter (PM) and oxides of nitrogen (NOx) by 80 to 90 percent.

Financial incentives through this Program will fund up to a maximum of $144,000 per truck. The Program is open to fleets of any size, including independent operators.

Proposals will be accepted through 5:00 p.m. on March 19, 2007, and an applicant workshop will be held February 20, 2007, at the Port of Los Angeles Administration Building, 425 S. Palos Verdes St., San Pedro, CA, 90731. Detailed information and proposal requirements are available on the Port’s website at www.portoflosangeles.org.

“Replacing the thousands of dirty diesel trucks that call at our ports on a daily basis is a major component of the San Pedro Bay Ports Clean Air Action Plan,” said Geraldine Knatz, Ph.D., executive director at the Port of Los Angeles. “Nearly 22,000 truck trips occur at the port complex in a single day, and the more we can do to make sure these are clean, non-polluting trucks, the better it is for all of us. No port in the world has committed to a project like this – and in Southern California, you have two ports sharing a commitment to significantly reduce port-related air pollution by implementing fleet programs which promote LNG, electric and clean diesel technologies.”

Under the LNG Truck Program, heavy-duty diesel trucks older than 1989 would be scrapped and replaced with a 2006 model year, or newer, heavy-duty LNG truck. The Ports have allocated a total of $8 million each to the project, and the South Coast Air Quality Management District has allocated $6 million, for a total of $22 million for the LNG Truck Program.

All vehicles funded under the LNG Truck Program are required to have electronic monitoring units with global positioning system capability installed prior to delivery of the vehicle, and verification must be provided to the Port of Los Angeles prior to releasing the vehicle. The minimum requirements to receive the maximum award under the Program include 48,000 annual miles with at least 75% of these miles occurring within the South Coast Air Quality Basin, and trucks must make at least seven trips to the Ports per week. Contract term will be a minimum of three years.

This RFP does not cover the costs for fuel, maintenance, infrastructure, or consultant services. Specifics on the gross vehicle weight rating, engine parameters, tilting, maintenance, insurance, electronic monitoring unit, warranty and vehicle scrapping are found in the RFP, which is available at http://www.portoflosangeles.org/.

Under the LNG Truck Program RFP, applicants are required to secure their own fueling through construction of a fueling station on fleet property or through an agreement with an independent mobile fuel provider. A related RFP is currently being issued by the Ports seeking construction of a centralized LNG fueling and maintenance facility; however, this facility will not be in place before the operation of the LNG Truck Program begins. For more information on the San Pedro Bay Ports LNG Truck Program RFP, please contact Kevin Maggay at (310) 732-3947 or kmaggay@portla.org.

Celebrating its Centennial in 2007, the Port of Los Angeles is America's premier port. As the leading seaport in the nation in terms of shipping container volume and cargo value, the Port generates 259,000 regional jobs and $8.4 billion in annual wages and tax revenues. A proprietary department of the City of Los Angeles, the Port is self-supporting and does not receive taxpayer dollars. At the Port of Los Angeles, high priority is placed on responsible and sustainable growth initiatives, combined with high security, environmental stewardship and community outreach. For its industry leading environmental initiatives, the Port received two Environmental Protection Agency awards in 2006. The Port of Los Angeles – A Cleaner Port. A Brighter Future.

See the Source:
The Port of Los Angeles

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6.2.07

EPA's FY 2008 Budget Focuses on Next Phase of Environmental Progress

(Washington, D.C. - Feb. 5, 2007) Pointing to 36 years of progress under both Republican and Democratic administrations, EPA Administrator Stephen L. Johnson today released his agency's $7.2 billion fiscal year 2008 budget. The new budget emphasizes using more citizen-partners as EPA shifts into the next phase of environmental progress – the green culture.

"As our nation shifts to a green culture, Americans are realizing that environmental responsibility is everyone's responsibility. Today, EPA has 300 million citizen-partners in our efforts to accelerate the pace of environmental protection," said EPA Administrator Stephen L. Johnson. "President Bush's budget request will fund EPA's role as our country enters this next phase of environmental progress."

The proposed 2008 spending plan includes $549.5 million for enforcement operations, the largest amount ever dedicated to that agency responsibility. It is a $9.1 million increase over the fiscal year 2007 amount.

This budget also features a major effort to restore, improve and protect four of the nation's most important water assets.

Chesapeake Bay: An additional $2 million, for a total of $28.8 million, to build on the continuing efforts of Pennsylvania, Maryland, Virginia, and the District of Columbia, increase the pace of restoration, and implement the most cost-effective nutrient and sediment controls and key habitat restoration strategies.

Puget Sound: $1 million to focus on the highest-priority environmental challenges such as improving water quality, lifting shellfish harvest restrictions, and cleaning up contaminated sediments.

Gulf of Mexico: $4.5 million to assist the Gulf States and other stakeholders in developing a framework for restoring and protecting the Gulf. EPA is working with 12 other federal agencies and five states in the Gulf of Mexico Alliance to implement the 2004 U.S. Ocean Action Plan.

Great Lakes: $56.8 million to continue working with states and local communities to reduce PCB concentration by 25 percent in predatory fish and keep monitored beaches open 95 percent of the time during the summer season.

The budget also requests an additional $687.5 million for clean water grants and $842.2 million for drinking water grants.

With a focus on improving air quality, the president's budget includes:
· $117.9 million for EPA's climate change programs to build upon partnership efforts to achieve reductions in US greenhouse gas emissions and contribute to the president's plan to reduce greenhouse gas intensity by 18 percent in 2012;
· $44 million for Energy Star programs for the commercial, residential and industrial sectors to continue voluntary government/industry partnership programs designed to capitalize on the opportunities that consumers, businesses, and organizations have for making sound investments in efficient equipment, policies, and practices;
· $5 million for the Asia Pacific Partnership to support international efforts to reduce greenhouse gas emissions, and
· $4.4 million for Methane to Markets to promote methane recovery and use at landfills, coal mines and natural gas facilities.

The budget also includes $35 million for National Clean Diesel Campaign grants to help meet the mandates of the Energy Act and promote more energy efficient technologies. The $35 million is estimated to leverage an additional $72 million in funding assistance and reduce particulate matter by approximately 5,040 tons, which will achieve $1.4 billion in health benefits.

With a focus on promoting scientific research, the president's budget includes:
· $123.8 million for Clean Air and related research, a $7.5 million increase to improve research related to cyclical review of criteria air pollutants, study near-road air pollution, and support work with NOAA to develop the Community Multi-scale Air Quality (CMAQ) modeling system;
· $10.2 million for Nanotechnology Research, an increase of $1.6 million to identify potential uses and study nano-scale materials that are subject to the Toxic Substances Control Act (TSCA) requirements.

In addition, the budget requests a total of $1.245 million for Superfund (including a $3.2 million increase over FY 2007 Request for the Superfund Remedial program) and $162.2 million for the Brownfields program.

See the Source:
The President's FY 2008 budget request for EPA

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How CleanAIR Systems is cleaning up diesel emissions

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31.1.07

EPA Completes Second Step in Ongoing Ground-Level Ozone Air Quality Standards Review

A key document in EPA's review of national air quality standards for ozone will recommend the administrator consider strengthening the current ozone standards to better protect public health. The document, known as the "final staff paper," contains staff recommendations for the administrator to consider in upcoming decisions about revising the agency's ozone standards.

The Clean Air Act requires EPA to periodically review its air quality standards to ensure they continue to protect health and the environment, and to update the standards if necessary. EPA last updated the standards for ozone in 1997.

The final ozone staff paper addresses a primary standard, designed to protect public health; and a secondary standard, set to protect the public welfare, including crop health.

· Primary standard: The final staff paper concludes that the current primary standard is not adequate to protect public health. Staff made this conclusion based on an expanded body of scientific evidence that shows significant ozone health effects occur even in areas with ozone levels below the current standard.

Staff recommends a range of levels for the administrator to consider in setting the ozone standard. That range extends from below 0.080 ppm down to 0.060 ppm. The previous draft of the staff paper identified options that included retaining the current standard of 0.084 ppm, along with a range of alternative levels down to 0.064 (the lowest level analyzed), with a focus on a level of 0.07 ppm.

The final staff paper also recommends specifying the level of the standard to three decimal places. Ozone air quality measurements have advanced sufficiently to now reflect that level of precision.

· Secondary Standard: The final staff paper recommends the administrator set a secondary standard to protect against ozone damage to welfare, including damage to plants. This includes damage to natural vegetation, forests and commercial crops. Staff recommended a standard that is a cumulative, weighted total of daily 12-hour exposures over a three-month period within the growing season. It would give greater weight to exposures at higher ozone concentrations.

Staff also recommended a range for this standard, from 21 parts per million-hours to 7 parts per million-hours.

EPA will make the final ozone staff paper available on the web on Wednesday, Jan. 31, 2007. Also this week, the agency will release technical documents used in developing the staff paper. These documents include a health risk assessment for meeting the current ozone standards along with potential alternative standards, and an assessment of the effects of ozone on vegetation.

The assessments, conclusions and recommendations included in the staff paper are staff judgments. They do not represent agency decisions on the ozone standards. EPA will propose action on the ozone standards by June 20, 2007 and take final action by March 12, 2008.

EPA recently changed the process for reviewing the National Ambient Air Quality Standards to streamline future such reviews to ensure the agency meets its five-year deadlines for reviewing the standards.

Emissions of the pollutants that contribute to ground-level ozone have decreased by nearly 50 percent since 1970, and EPA, and state and local agencies have a number of programs in place to continue this progress.

See the Source:
Final Ozone Staff Paper and Fact Sheet
Technical Support Documents

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22.1.07

Legal Action Filed to Halt 'Fast-Tracking' of Texas Coal-Fired Power Plants

Major New Challenge to Governor's Attempt to Short-Circuit Full Public Review of Health, Environmental, and Pollution Control Issues in the Permitting Process

AUSTIN, Texas, Dec. 27 -- The Sierra Club, represented by the Austin office of Environmental Integrity Project (EIP), took legal action today to stop the "unprecedented, unreasonable, and ...illegal" plan by Governor Rick Perry to "fast track" administrative hearings for construction of up to 18 dirty coal-fired power plants in the state. Most of the plants in question are being proposed by the Dallas-based utility giant TXU.

EIP Austin Office Counsel Ilan Levin filed the petition on behalf of the Sierra Club to intervene in a state district lawsuit originally brought by Environmental Defense over the processing of coal plant permits. Today's legal action by Sierra Club stems from a recent state agency decision to consolidate six proposed TXU coal plant permits into one hearing, and to set those permits for a speedy decision. The lawsuit seeks to halt Perry's controversial executive order of October 27, 2005, directing the Texas Commission on Environmental Quality (TCEQ) to accelerate consideration of permit applications and the Texas State Office of Administrative Hearings (SOAH) to issue unusually fast decisions on air pollution permits for new electric power plants.

EIP Austin Office Counsel Ilan Levin said: "Today, Sierra Club is asking a judge to overturn a Governor's executive order that imposes unfair burdens on regular people simply trying to avail themselves of the common-sense environmental protections built into state and federal laws. We're saying that speeding up the required decision process for major new sources of smog and other air pollution is illegal and unfair, especially to citizens trying to participate."

Rita Beving, Conservation Co-Chair for the Dallas Sierra Club Group, whose area's air quality would be impacted by coal plant emissions, said: "This legal action is a critical step in the fight by Texas citizens to assert their rights to protect their health and environment from an ill-considered rush to permit these polluting coal-fired power plants, whether we need them or not. The tragedy is that we could meet our energy needs through greater efficiency and renewable energy, without subjecting our cities to further air pollution from coal plants."

The lawsuit notes: "The executive order imposes an unreasonable schedule to thoroughly develop the required technical and legal issues for one major air permit of the type being considered, let alone six of them ... The Governor's Executive Order RP 49 infringes on the rights of Texas citizens to participate meaningfully in the environmental permitting arena.

The right of any affected party to participate in agency permitting decisions is rooted in the constitutional right to due process. The Governor lacks authority to unilaterally alter this system. Further, the Governor lacks the authority to dictate to an administrative law judge exactly how much time is allowed for a judicial administrative decision, and to do so violates the doctrine of separation of powers."

The Perry fast-tracking scheme has huge consequences. The Sierra Club petition notes: "To put the magnitude of the six TXU permits in context, it is worth noting the additional greenhouse gases associated with these new coal plants. While not addressed in the permits, the new units will emit an additional estimated 51 million tons of carbon dioxide per year into Texas skies. In 2005, all existing Texas power plants emitted 255.4 million tons of carbon dioxide."

The Sierra Club contends that a full and deliberate hearing process on each of the power plant applications is crucial due to the serious health and environmental consequences associated with coal-fired power plants, such as increased sulfur dioxide, nitrogen oxides and mercury pollution.

For example, the legal filing points out: "Sulfur dioxide ... interacts with nitrogen oxides to form nitric and sulfuric acids, commonly known as acid rain, which damages forests and acidifies soil and waterways. Harvard School of Public Health studies have shown that SO2 emissions from power plants significantly harm the cardiovascular and respiratory health of people who live near the plants. According to U.S. EPA studies, fine particle pollution from power plants causes more than 20,000 premature deaths a year."

On the topic of mercury pollution, the EIP/Sierra Club petition notes: "Coal-fired power plants are the single largest source of mercury air pollution, accounting for roughly 40 percent of all mercury emissions nationwide. Mercury is a highly toxic metal that, once released into the atmosphere, settles in lakes and rivers, where it moves up the food chain to humans. The Centers for Disease Control has found that roughly 10 percent of American women carry mercury concentrations at levels considered to put a fetus at risk of neurological damage."

Another major pollutant -- nitrogen oxide -- is a major contributor to ozone smog-forming pollution, which has been a major problem for ambient air quality in the Dallas/Fort Worth and Austin areas.

Usually each power plant application would be considered separately with a full review of the risks associated with its additional pollution impact. The new plants also would be examined to verify that that are using the best available technology in order to not degrade air quality.

ABOUT THE GROUPS
Sierra Club is one of the oldest and largest grassroots environmental organizations in the country. The Club has more than 700,000 members nationwide, and roughly 23,000 Texas members. The Sierra Club is dedicated to preserving and enhancing the natural environment and protecting public health, among other goals. The Sierra Club has the specific goal of improving outdoor air quality. The Sierra Club is a party in administrative proceedings that are at issue in this litigation.

With offices in Washington, D.C. and Austin, Texas, the Environmental Integrity Project (http://www.environmentalintegrity.org/) is a nonpartisan, nonprofit organization established in March of 2002 to advocate for more effective enforcement of environmental laws. EIP was founded by Eric Schaeffer, who was director of the U.S. Environmental Protection Agency's Office of Regulatory Enforcement. He resigned in 2002 after publicly expressing his frustration with efforts of the Bush Administration to weaken enforcement of the Clean Air Act and other laws.

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1.1.07

The EPA Acid Rain Program 2005 Progress Report

2005 Progress Report (PDF 4.4 MB; 32 pp) Appendix A (Excel) Appendix A (PDF 205 KB; 81 pp)Appendix B1 (Excel) Appendix B1 (PDF 70 KB; 44 pp)Appendix B2 (Excel) Appendix B2 (PDF 27 KB; 23 pp)

Some of these files are presented in Adobe Acrobat format. For more information about how to use this format, see EPA's PDF page.

From the report executive summary: The Acid Rain Program was created to implement Title IV of the 1990 Clean Air Act Amendments. The purpose of Title IV is to reduce the adverse effects of acid deposition through reductions in annual emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) by 10 million tons and by 2 million tons below projected levels, respectively.

Sulfur dioxide (SO2) and nitrogen oxides (NOx) are the key pollutants in the formation of acid rain. These pollutants also contribute to the formation of fine particles (sulfates and nitrates) that are associated with significant human health effects and regional haze. Additionally, NOx combines with volatile organic compounds (VOCs) to form ground-level ozone (smog) and nitrates that are transported and deposited at environmentally detrimental levels in parts of the country. These pollutants, in their various forms, lead to the acidification of lakes and streams rendering some of them incapable of supporting aquatic life. In addition, they impair visibility in our national parks, create respiratory and other health problems in people, weaken forests, and degrade monuments and buildings.

In the United States, the electric power industry accounts for approximately 67 percent of total annual SO2 emissions and slightly more than 20 percent of total annual NOx emissions.

Since the start of the Acid Rain Program in 1995, the lower SO2 and NOx emission levels from the power sector have contributed to significant air quality and environmental and human health improvements.

Since its inception, the Acid Rain Program has:

- Reduced SO2 emissions by over 5.5 million tons from 1990 levels, or about 35 percent of total emissions from the power sector. Compared to 1980 levels, SO2 emissions from power plants have dropped by more than 7 million tons, or about 41 percent.
- Cut NOx emissions by about 3 million tons from 1990 levels, so that emissions in 2005 were less than half the level anticipated without the program. Other efforts, such as the NOx Budget - Trading Program in the eastern United States, also contributed significantly to this reduction.
Led to significant cuts in acid deposition, including reductions in sulfate deposition of about 36 percent in some regions of the United States and improvements in environmental indicators, such as fewer acidic lakes.
- Provided the most complete and accurate emission data ever developed under a federal air pollution control program and made that data available and accessible by using comprehensive electronic data reporting and Web-based tools for agencies, researchers, affected sources, and the public.
- Served as a leader in delivering e-government, automating administrative processes, reducing paper use, and providing online systems for doing business with EPA.
- Resulted in nearly 100 percent compliance through rigorous emissions monitoring, allowance tracking, and an automatic, easily understood penalty system for noncompliance. Flexibility in compliance strategies reduced implementation costs.

A 2005 study (PDF 532 KB; 15 pp) estimates that in 2010, the Acid Rain Program's annual benefits will be approximately $122 billion (2000$), at an annual cost of about $3 billion - a 40-to-1 benefit-to-cost ratio.

The Acid Rain Program 2005 Progress Report includes special sections on fuel switching and compliance options, EPA's framework for accountability, program costs and benefits, surface water quality monitoring, impact assessment, environmental justice, and the Clean Air Rules. Building on the Acid Rain Program model, EPA promulgated the Clean Air Interstate Rule (CAIR), to address transport of fine particles and ozone in the eastern United States, the Clean Air Mercury Rule (CAMR) to reduce nationwide mercury emissions from power plants, and the Clean Air Visibility Rule (CAVR) to improve visibility in national parks and wilderness areas.

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8.12.06

EPA Draft Staff Paper Outlines Lead Air Quality Standards Review

The U.S. Environmental Protection Agency (EPA) is releasing its first Draft Staff Paper for the Lead National Ambient Air Quality Standards (NAAQS). The document is part of the agency's review of the lead NAAQS to ensure that federal air quality standards reflect the latest air pollution and health effects research. The Clean Air Act requires EPA to set, and periodically review, NAAQS for six major pollutants.

This initial draft document does not include any conclusions or recommendations with regard to keeping or changing the current lead air quality standard. The draft includes assessments and preliminary analyses related to: air quality characterization; integration and evaluation of health information; human exposure analysis and health risk assessment; evaluation and analysis of information on vegetation damage and other welfare effects. The draft is based upon the agency's Air Quality Criteria Document for Lead, which was issued in October 2006.

As a result of removing lead from gasoline and other EPA regulations, airborne lead concentrations have decreased dramatically in the United States. From 1980 to 2005, national lead air quality levels have dropped more than 90 percent.

Later this month, EPA will release its draft Lead Human Exposure and Health Risk Assessments and Ecological Risk Assessment for Selected Areas (Pilot Phase). This technical support document will present initial results from the exposure and risk assessments that are summarized and discussed in the First Draft Lead Staff Paper.

EPA will accept public comment on the lead documents until Feb. 5, 2007.

To date, the lead NAAQS review has followed our historic approach to reviewing NAAQS, including issuance of a criteria document and a first draft staff paper. The agency is now moving forward to implement a new, more efficient process for conducting NAAQS reviews.

EPA intends to transition to the new process during the course of the lead NAAQS review. Copies of the draft staff paper and a related fact sheet: http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_cr_sp.html

More about the National Ambient Air Quality Standards (NAAQS) for lead: http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html

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