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Profile: Jeffrey Holmstead
Positions that Jeffrey Holmstead has held:
- Assistant administrator for air programs at the EPA
Jeffrey Holmstead was a participant or observer in the following events:
EPA staffers meet with the agency’s top pollution regulator, Jeffrey Holmstead, in his fifth-floor conference room to discuss a February 2004 deadline for creating a rule governing formaldehyde emissions at wood products plants. Holmstead, a lawyer, formerly worked at Latham & Watkins representing one of the nation’s largest plywood producers. Also present at the meeting is William Wehrum, the EPA air office’s general counsel, who had also represented timber interests as a partner of the same law firm. They meet with Timothy Hunt, a lobbyist for the American Forest & Paper Association who is an old acquaintance of Holmstead, and with Claudia M. O’Brien, the association’s lawyer. O’Brien had previously been a law partner of Holmstead’s and Wehrum’s at Latham & Watkins. During the meeting she proposes to exempt “low-risk” plywood, particleboard and other plants from strict emission controls, arguing that such facilities are often located in isolated areas where their emissions pose a relatively small risk to public health. She also contends that the expense of adding new controls to the plants, which the industry complains could cost as much as $1 billion, would make them vulnerable to foreign competition. Holmstead likes the idea and decides that the agency should push the proposal, despite opinions from EPA career attorneys that the exemption would violate the 1990 Clean Air Act amendments (see March 2003). [Los Angeles Times, 5/21/2004]
EPA staffers are instructed by higher-ups not to analyze any mercury or carbon dioxide reduction proposals that conflict with the president’s “Clear Skies” bill or, if they do, to keep the results under wraps. For example, an alternative proposal sponsored by senators Thomas R. Carper and Lincoln Chaffee is analyzed by the EPA but its conclusions—showing that the Carper-Chaffee plan has some advantages over Clear Skies—are not released. According to one EPA staffer later interviewed by the New York Times, Jeffrey Holmstead, the assistant administrator for air programs, wondered out loud during a May 2 meeting, “How can we justify Clear Skies if this gets out?” And in June, EPA administrator Christie Whitman sends a letter to senators John McCain and Joseph Lieberman, informing them that the EPA will not do economic analysis on their alternative plan to reduce carbon dioxide emissions as they requested. Senator McCain later tells the New York Times that he did “not feel it was normal procedure to refuse to analyze a bill that is under the agency’s jurisdiction.” [New York Times, 7/14/2003]
Environmental Protection Agency (EPA) officials announce during an internal meeting of EPA enforcement officials in Seattle and during a conference call the following day that current cases involving violations of the Clean Air Act will be judged according to the agency’s new interpretation of the New Source Review (see August 27, 2003)
—to go into effect in December (see December 2003)
—instead of the old, more stringent rules that were in use at the time the violations occurred. [Los Angeles Times, 11/6/2003; New York Times, 11/6/2003; US Congress, 2/6/2004] The backroom decision contradicts what EPA air official Jeff Holmstead told a Senate committee in 2002. “It is certainly our intent to make these (rules) prospective only,” he claimed at the time. [USA Today, 11/6/2003] According to lawyers at the EPA, the agency’s decision will likely result in the EPA dismissing investigations into 50 coal-burning power plants for past violations of the Clean Air Act. According to the lawyers, the changes—based on recommendations from Vice President Dick Cheney’s energy task force—could save the industry up to $20 billion. However in its official statement on November 5, the EPA says that no formal decision has been made to dismiss all the investigations, claiming that it would review each “on a case-by-case basis to determine whether it will be pursued or set aside.” [New York Times, 11/6/2003]
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