The U.S. Environmental Protection Agency (“EPA”) took three recent actions that bring renewed emphasis to the Agency’s regional haze program.
EPA News
Obama Nominates John Bryson for Commerce Secretary
On May 31, 2011, President Barack Obama nominated John Bryson to head the U.S. Commerce Department. Bryson is a co-founder of the Natural Resources Defense Council, which he left in 1974.
EPA Delays Boiler MACT Rules Indefinitely
On May 16, 2011, the Environmental Protection Agency (“EPA” or “Agency”) stayed indefinitely the effective date for the controversial final rules, “National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters” (the “Major Source Boiler MACT”) and “Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incinerator Units” (the “CISWI Rule”).
Initial Briefs Filed Challenging EPA’s Greenhouse Gas Endangerment Finding
On May 20, 2011, eighty parties representing a cross-section of American business filed their opening brief in the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit” or the “Court”) challenging EPA’s finding that greenhouse gases (“GHGs”) emitted by new motor vehicles endanger the public health and welfare by contributing to climate change. A group of states filed separate briefs challenging that finding as well.
Senator Murkowski Submits Questions to FERC on Reliability Implications of EPA Actions
On May 17, 2011, Senator Lisa Murkowski, (R-AK), sent a letter to FERC Chairman Jon Wellinghoff in which she expressed concern over the impact of proposed and final rules by the Environmental Protection Agency (“EPA”) on the reliability of electricity.
Gas Prices Remain High, Consumption Shows Modest Decrease
On April 27, 2011, the United States Department of Energy (“DOE”) reported a 1.6 percent decline in domestic gasoline consumption, compared to a year ago; however, the average price for gasoline on Monday, May 2, 2011 in the U.S. was $3.96, a 36 percent increase from last year.
EPA Allowed to Implement New SO2 Standards Pending Court Review
On April 7, 2011, the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) denied a petition by industry groups and the states of North Dakota and Texas to stay implementation and enforcement of new stringent sulfur dioxide (“SO2”) emissions standards pending the court’s review of those standards.
Bills Curtailing EPA Authority are Stymied in the Senate but Pass the House; Future Measures Uncertain
Votes on measures to greatly restrict EPA’s authority to regulate greenhouse gases (“GHG”) met different fates the week of April 4 through April 8 in the two chambers but reflected growing bipartisan support for such constraints.
EPA Issues Proposed Cooling Water Intake Rule
On March 28, 2011, the Environmental Protection Agency (“EPA”) published a new proposed cooling water intake rule for existing power plants and manufacturing facilities to be implemented through National Pollutant Discharge Elimination System permits.
NRC Response to Japanese Nuclear Crisis
On March 21, 2011, the Nuclear Regulatory Commission (“NRC”) held a meeting to discuss the Japanese nuclear crisis and review safety procedures within the United States.