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Context of 'November 22, 2002: EPA Rule Weakens New Source Review'

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Senators John Breaux (R-LA) and James Inhofe (R-OK) send a letter to Vice President Dick Cheney asking him, in his capacity as chairman of the National Energy Policy Development Group, to order the suspension of the Environmental Protection Agency’s enforcement of the New Source Review (NSR) section of the Clean Air Act. The senators say utility companies are confused about NSR rules and that the EPA should clarify how it interprets new source reviews. They also asks Cheney to suspend current litigation efforts against several utility companies that were initiated under the Clinton administration (see November 3, 1999). The senators claim that the suits are undermining energy production. [Inhofe, 3/23/2001; Reuters, 3/30/2001]

Entity Tags: John Breaux, Richard (“Dick”) Cheney, James M. Inhofe

Timeline Tags: US Environmental Record

Cinergy Corp announces that it is backing out of its settlement with the Justice Department. In 1999, the Justice Department filed a suit against the company for allegedly violating the New Source Review section of the Clean Air Act. Cinergy’s decision to pull out of the settlement comes less than a week after the Bush administration announced that it would review all of the Environmental Protection Agency’s enforcement cases (see May 16, 2001). According to the terms of the settlement (see December 21, 2000), the Ohio-based utility company would have spent $1.4 billion on environmental improvements to their plants reducing its annual emissions of sulfur dioxide and nitrogen oxide by an estimated 500,000 tons. [Air Daily, 5/21/2001; National Environment Trust, 6/29/2006]

Entity Tags: Cinergy Corp

Timeline Tags: US Environmental Record

Companies charged with violating New Source ReviewCompanies charged with violating New Source Review [Source: Clear the Air]The Environmental Protection Agency finalizes a rule that makes four important changes to the New Source Review (NSR) section of the Clean Air Act. Critics say the changes will help polluting industries maintain the status quo.
Plant-wide Applicability Limits (PALs) - This change will allow a facility to set a Plant-wide Applicability Limit (PAL) based on its average emissions over the previous ten years. A facility will be exempted from the New Source Review process when it upgrades or expands its operations if those changes do not cause the plant’s emissions to exceed its PAL. Critics complain that the change does not require plants to reduce their overall emissions when a facility expands or modifies operations.
Pollution Control and Prevention Projects - Facilities will be permitted to undertake certain environmentally beneficial activities without having to apply for NSR permits.
Clean Unit Provision - Plants that voluntarily install “best available pollution controls” will be afforded “clean unit” status and exempted from NSR provisions for a period of 15 years. The change is retroactive to 1990.
Emissions Calculation Test Methodology - Facilities will be permitted to use a more lenient method when determining if a plant upgrade has increased its emissions. With the exception of power plants, facilities will be permitted to select any 24-month period during the previous decade to serve as its baseline for determining pre-modification emission levels. The EPA also announces that it intends to revise the “Routine Maintenance, Repair and Replacement” exemption so that any modifications whose costs do not exceed a certain level would be exempt from the NSR provisions requiring plants to install pollution controls and conduct impact assessments on the ambient air quality when upgrading or replacing equipment. [Clean the Air, n.d. pdf file; Environmental Protection Agency, 11/22/2002; EarthVision Environmental News, 11/25/2002; ENSR International, 12/24/2004]

Entity Tags: Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

President George Bush names Utah Governor Mike Leavitt as administrator of the Environmental Protection Agency (EPA), replacing Christie Todd Whitman who resigned in June. [US President, 8/18/2003] Leavitt was at the center of a controversy a couple of months ago for a back-room deal he made with Interior Secretary Gale Norton to suspend wilderness studies on millions of acres of Utah lands (see April 11, 2003). He supports replacing mandatory pollution controls with voluntary compliance programs for polluting industries and is a strong backer of the administration’s policy of shifting environmental regulation to the states. [Washington Times, 8/12/2003] During his term as governor, US Magnesium, a magnesium-processing company on the western side of the Great Salt Lake, earned the place as the nation’s worst polluter. Leavitt says that he and Bush “have a like mind and a like heart” on environmental policy. [Salt Lake Tribune, 8/12/2003] Environmentalists condemn the nomination noting that aside from Leavitt’s strong opposition to a plan to store nuclear waste on a Utah Indian reservation, the governor has a very poor environmental record. “Mike Leavitt has no credentials, no understanding and no political willpower to protect America’s clean air, clean water and clean land,” Marc Clemens, chapter coordinator for the Utah Sierra Club, tells the Salt Lake Tribune. [Salt Lake Tribune, 8/12/2003]

Entity Tags: Mike Leavitt, Environmental Protection Agency, George W. Bush

Timeline Tags: US Environmental Record

The Environmental Protection Agency (EPA) quietly lifts a 25-year-old restriction on the sale of PCB-contaminated land. PCBs, or polychlorinated biphenyls, are linked to cancer and neurological problems. The rollback, based on an EPA reinterpretation of an existing law, is announced in an internal memo written by EPA general counsel Robert Fabricant. Fabricant claims in the memo that the old interpretation represented “an unnecessary barrier to economic redevelopment.” Because the change is considered a “new interpretation” of existing law, the administration has no legal obligation to make a public announcement. Critics, including some EPA staffers, note that the longstanding ban served as an incentive for landowners to notify the EPA of the contamination and clean up their property. As a result, about 100 sites a year were submitted to the agency for review. They also warn that the new policy will make it hard to track sales of polluted sites and to ensure that buyers properly assess the land prior to development. [Environmental Protection Agency, 8/14/2003 pdf file; USA Today, 9/1/2003; New York Times, 9/3/2003]

Entity Tags: Bush administration (43), Environmental Protection Agency, Robert E. Fabricant

Timeline Tags: US Environmental Record

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