Sunday, March 07, 2010

EPA backs down on rules for large power-plant GHG emissions -- under pressure from Congress


(Photo of Utah coal-fired power plant from Flickr and photographer Arbyreed )


Reactinging to pressure from some members of Congress, the EPA has backpedaled on its plan to begin regulating greenhouse gas emissions from large power plants and factories under the Clean Air Act this year.

EPA Administrator Lisa Jackson said that in order to allow time for Congress to pass a climate bill she would:
• Not require permitting in 2010 for large sources of greenhouse gases.
• Raise the limit for permitting next year to those emitting more than 75,000 tons, not the 25,000 planned. That amount might be lowered to 50,000 tons in 2012.
• Give small sources of emissions a reprieve until 2016.

The EPA and Department of Transportation would, however, proceed with plans to issue rules next month for autos and light trucks, to reach the Obama Administration’s goal of 35.5 mpg by 2016.

Why the change?
Easing the plans for restricting emissions from large coal-powered plants and other industrial sources came in response to a series of threats to the EPA’s ability to regulate GHG.

• Sen. Lisa Murkowski (R-AK) has prepared a resolution to veto the “endangerment” finding that greenhouse gases should be regulated under the Clean Air Act, a finding that followed a Supreme Court decision. Murkowski has 41 co-sponsors, including Dems Ben Nelson (Neb.), Blanche Lincoln (Ark.) and Mary Landrieu (La.) Murkowski needs 51 votes to pass the resolution and apparently doesn’t have them or would have introduced it by now. A companion resolution in the House, would be spearheaded by two Democrats, Ike Skelton (Mo.) and Collin Peterson (Minn.)

• Coal-state Sen. Jay Rockefeller (D-W.Va.) has introduced a bill to delay EPA regulation of large power plants for two years. There is no indication, however, that Senate leadership will bring it up for hearing. W. Va. Reps. Nick Rahall and Alan Molihan, both Dems, as well as Rick Boucher (D-Va.), have a similar bill in the House but there’s no sign that is going anywhere either. But Rockefeller’s bill may have done its job to get concessions from the EPA and head off Murkowski’s more dangerous resolution.

Rockefeller’s bill would not challenge the EPA’s right to consider climate change under the Clean Air Act, as Murkowski’s resolution would. It would just postpone it for stationary sources (not vehicles).

Who’s lining up with whom
Murkowski’s supporters include the National Automobile Dealers Assn. and the American Public Power Assn.

She, by the way, has collected $800,000 in gas, oil and utility contributions, according to climateprogress.org.

Among those opposing her resolution are the American Lung Assn. and 12 public health organizations, including the American Pediatrics Assn., as well as 569 scientists from the Union of Concerned Scientists.

The head of construction trades for the AFL-CIO has written the White House and asked it to reconsider taking such strong action quickly against stationary sources because it would hurt jobs.

Lawsuit
Alabama and Texas have filed suit to stop the EPA. But 16 other states, mostly on the West Coast and in the Northeast, have asked to intervene on behalf of the EPA. Among them are some you might not expect – Arizona and Iowa.

EPA’s Jackson told Congress she, like the president, would like to see Congress pass climate legislation as a better way to curb greenhouse gases. The House climate bill passed in June blocked EPA regulation, while the Senate bill that came out of the Environment Committee did not.

Now 13 Senators, led by Robert Menendez (D-N.J.), and including Barbara Boxer (D-Calif.), Kirsten Gillibrand (D-N.Y.) and Al Franken (D-Minn.), have sent a letter to Majority Leader Harry Reid (D-Nev.), as well and the bi-partisan trio crafting a new Senate bill (Kerry, Lieberman and Graham), asking them not to take away the EPA’s ability to regulate GHG from coal plants under the Clean Air Act.


(Sources: Greenwire, E&E Daily, ClimateWire, E&ENewsPM, climateprogress.org)

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